[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5847 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5847

To amend the Arms Export Control Act to strengthen the requirements for 
congressional review of arms sales and exports under such Act, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2006

 Mr. Hyde (for himself and Mr. Lantos) introduced the following bill; 
which was referred to the Committee on International Relations, and in 
  addition to the Committee on Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Arms Export Control Act to strengthen the requirements for 
congressional review of arms sales and exports under such Act, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELIGIBILITY REQUIREMENTS UNDER THE ARMS EXPORT CONTROL ACT.

    (a) General Requirements Relating to Misuse of United States-origin 
Defense Articles or Services.--Section 3(c) of the Arms Export Control 
Act (22 U.S.C. 2753(c)) is amended--
            (1) in paragraph (1), by striking ``(either in terms of 
        quantities or in terms of the gravity of the consequences 
        regardless of the quantities involved)'' each place it appears; 
        and
            (2) in paragraph (2)--
                    (A) by striking ``(2)'' and inserting ``(2)(A)''; 
                and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The Inspector General of the Department of State 
        shall submit to Congress an annual report that contains--
                    ``(i) a determination of the Inspector General as 
                to whether or not the Department of State has complied 
                fully and comprehensively with the requirements of this 
                subsection and subsection (e) during the preceding 
                year; and
                    ``(ii) a detailed description of the basis of the 
                determination under clause (i).''.
    (b) Congressional Approval for Sales to Non-NATO Countries That 
Have Misused United States-origin Defense Articles or Services.--
            (1) Amendment.--Section 3 of the Arms Export Control Act 
        (22 U.S.C. 2753) is amended by adding at the end the following 
        new subsection:
    ``(h)(1) A license permitting a proposed letter of offer to sell 
defense articles or defense services with respect to which a 
certification is required to be submitted pursuant to subsection (b) or 
(c) of section 36 to a country described in paragraph (2) may be issued 
only if Congress enacts a joint resolution approving the sale in 
accordance with the procedures described in paragraph (3).
    ``(2) A country referred to in paragraph (1) is a country, other 
than a country that is a member of the North Atlantic Treaty 
Organization, Australia, New Zealand, or Japan, that is the subject of 
a report issued under subsection (c) or (e) of this section at any time 
during the previous five years.
    ``(3) A joint resolution referred to in paragraph (1)--
            ``(A) may only be introduced by either chair or ranking 
        minority member of the appropriate congressional committees (as 
        such term is defined in section 36(e)(1)); and
            ``(B) shall be considered in the House of Representatives 
        and the Senate in accordance with the procedures applicable to 
        the consideration of a joint resolution of disapproval under 
        subsection (b) or (c) of section 36, as the case may be.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        applies with respect to a country described in paragraph (2) of 
        section 3(h) of the Arms Export Control Act (as added by 
        paragraph (1)) that is the subject of a report issued under 
        subsection (c) or (e) of section 3 of such Act on or after 
        October 1, 2006.

SEC. 2. ESTIMATE AND JUSTIFICATION FOR SALES PROGRAM UNDER THE ARMS 
              EXPORT CONTROL ACT.

    (a) Quarterly Reports.--
            (1) In general.--Section 25(a) of the Arms Export Control 
        Act (22 U.S.C. 2765(a)) is amended by striking ``(a) Except as 
        provided'' and all that follows through ``are deemed most 
        likely actually to result in the issuance of a letter of offer 
        or of an export license during such year;'' and inserting the 
        following:
    ``(a)(1) Not later than the first day of each calendar quarter, the 
President shall transmit to the appropriate congressional committees a 
report that sets forth an Arms Sales Proposal covering all proposed 
sales and licensed commercial exports under this Act of major weapons 
or weapons-related defense equipment for $7,000,000 or more, or of any 
other weapons or weapons-related defense equipment for $25,000,000 or 
more, which are likely to result in a letter of offer or of an export 
license during such calendar quarter or the succeeding calendar 
quarter.''.
            (2) Additional information.--Section 25(a) of the Arms 
        Export Control Act (22 U.S.C. 2765(a), as amended by paragraph 
        (1), is further amended--
                    (A) by striking ``(2) an estimate'' and inserting 
                the following:
    ``(2) Except as provided in subsection (d)(1) of this section, the 
President shall include in the report required by paragraph (1) for the 
first calendar quarter of each calendar year--
            ``(A) an estimate'';
                    (B) by redesignating paragraphs (3) through (14) as 
                subparagraphs (B) through (M), respectively;
                    (C) in paragraph (2)(C) (as redesignated), by 
                striking ``paragraphs (1) and (2) of this subsection'' 
                and inserting ``subparagraph (A)'' ;
                    (D) in paragraph (2)(D) (as redesignated)--
                            (i) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively; and
                            (ii) in clause (ii) (as redesignated)--
                                    (I) by striking ``subsection (d)'' 
                                and inserting ``subsection (d)(2)''; 
                                and
                                    (II) by redesignating clauses (i) 
                                through (iii) as subclauses (I) through 
                                (III), respectively; and
                    (E) in paragraph (2)(K) (as redesignated)--
                            (i) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively; and
                            (ii) in clause (ii) (as redesignated), by 
                        striking ``subparagraph (A)'' and inserting 
                        ``clause (i)''.
            (3) Definition.--Section 25(a) of the Arms Export Control 
        Act (22 U.S.C. 2765(a), as amended by paragraphs (1) and (2), 
        is further amended by adding at the end the following new 
        paragraph:
    ``(3) In this subsection, the term `calendar quarter' means any 
three-month period beginning on January 1, April 1, July 1, or October 
1 of a calendar year.''.
    (b) Additional Information.--Section 25(b) of the Arms Export 
Control Act (22 U.S.C. 2765(b)) is amended to read as follows:
    ``(b)(1)(A) Not later than 15 days after the date on which the 
President transmits to the appropriate congressional committees a 
report under subsection (a), the President shall make available to the 
appropriate congressional committees all information, in the possession 
of the President as of the date on which such report is so transmitted, 
regarding each proposed sale and export listed in such report.
    ``(B) Such information shall include, but not be limited to--
            ``(i) technical details of all equipment, technology, 
        software and armament that may be included as part of the sale 
        or export;
            ``(ii) communications between the United States and the 
        purchasing country regarding the sale or export;
            ``(iii) intelligence information relevant to the sale or 
        export; and
            ``(iv) any other relevant information relating to the sale 
        or export.
    ``(2) Either chair of the appropriate congressional committees may 
waive the requirement of paragraph (1) with respect to a proposed sale 
or export.''.
    (c) Exception; Definition.--Section 25 of the Arms Export Control 
Act (22 U.S.C. 2765) is amended--
            (1) in the first subsection (d) (as added by section 113(2) 
        of the International Security and Development Cooperation Act 
        of 1985 (Public Law 99-83; 99 Stat. 198))--
                    (A) by striking ``(d)'' and inserting ``(d)(1)''; 
                and
                    (B) by striking ``subsection (a)(4)'' and inserting 
                ``subsection (a)(2)(C)'';
            (2) by redesignating the second subsection (d) (as added by 
        section 112(b) of the International Security and Development 
        Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 198)) as 
        paragraph (2) of the first subsection (d); and
            (3) in subsection (d)(2) (as redesignated)--
                    (A) by striking ``subsection (a)(5)(B)'' and 
                inserting ``subsection (a)(2)(D)(ii)''; and
                    (B) by striking the semicolon at the end and 
                inserting a period.
    (d) Conforming Amendments.--The heading of section 25 of the Arms 
Export Control Act (22 U.S.C. 2765) is amended--
            (1) by striking ``annual'' and inserting ``quarterly''; and
            (2) by inserting ``annual'' before ``justification''.
    (e) Reports on Commercial and Governmental Military Exports; 
Congressional Actions.--Section 36 of the Arms Export Control Act (22 
U.S.C. 2776) is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
    ``(7) A certification for a proposed sale or export of defense 
articles or defense services may be transmitted pursuant to this 
subsection only if information with respect to the sale or export of 
such defense articles or defense services is included in the report 
transmitted to the appropriate congressional committees pursuant to 
section 25(a) of this Act for the most recent calendar quarter (as such 
term is defined in such section) or the preceding calendar quarter.''; 
and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
    ``(6) A certification for a proposed sale or export of defense 
articles or defense services may be transmitted pursuant to this 
subsection only if information with respect to the sale or export of 
such defense articles or defense services is included in the report 
transmitted to the appropriate congressional committees pursuant to 
section 25(a) of this Act for the most recent calendar quarter (as such 
term is defined in such section) or the preceding calendar quarter.''.
    (f) Effective Date.--The amendments made by this section apply with 
respect to reports required to be transmitted under section 25 of the 
Arms Export Control Act (22 U.S.C. 2765) for 2007 and each subsequent 
calendar year.

SEC. 3. REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY EXPORTS UNDER 
              THE ARMS EXPORT CONTROL ACT; CONGRESSIONAL ACTIONS.

    (a) Expedited Procedures for Congressional Disapproval.--
            (1) Government sales.--Section 36(b) of the Arms Export 
        Control Act (22 U.S.C. 2776(b)) is amended--
                    (A) by striking paragraphs (2) and (3);
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
    ``(2)(A) Except as provided in subparagraph (B), the provisions of 
subsections (b), (c), (d), (e), and (f) of section 152 of the Trade Act 
of 1974 (19 U.S.C. 2192(b), (c), (d), (e) and (f)) apply to a joint 
resolution described in paragraph (1) to the same extent as such 
provisions apply to a joint resolution described in section 152 of such 
Act.
    ``(B) A joint resolution described in subparagraph (A) may only be 
introduced by either the chair or ranking minority member of the 
appropriate congressional committees.'';
                    (C) by redesignating paragraphs (4) through (6) as 
                paragraphs (3) through (5), respectively;
                    (D) in paragraph (4)(C), by striking ``paragraph 
                (6)'' and inserting ``paragraph (5)''; and
                    (E) in paragraph (6), by striking ``paragraph 
                (5)(C)'' and inserting ``paragraph (4)(C)''.
            (2) Commercial sales.--Section 36(c)(3) of the Arms Export 
        Control Act (22 U.S.C. 2776(c)(3)) is amended to read as 
        follows:
    ``(3)(A) Except as provided in subparagraph (B), the provisions of 
subsections (b), (c), (d), (e), and (f) of section 152 of the Trade Act 
of 1974 (19 U.S.C. 2192(b), (c), (d), (e) and (f)) apply to a joint 
resolution described in paragraph (2) to the same extent as such 
provisions apply to a joint resolution described in section 152 of such 
Act.
    ``(B) A joint resolution described in subparagraph (A) may only be 
introduced by either the chair or ranking minority member of the 
appropriate congressional committees.''.
    (b) Requirement to Provide Advance Notification and Consultation on 
Certain Sales and Exports.--Section 36 of the Arms Export Control Act 
(22 U.S.C. 2776) is amended by adding at the end the following new 
subsection:
    ``(h)(1)(A) Not later than 20 calendar days prior to the submission 
of a certification under subsection (b), (c), or (d) of this section, 
the President shall provide advance notification in writing to, and 
consult with, the chairs and ranking minority members of the 
appropriate congressional committees of the offer to sell or export the 
defense articles or defense services with respect to which such a 
certification is required to be submitted pursuant to any such 
subsection.
    ``(B)(i) The requirement of subparagraph (A) to provide 20 calendar 
days advance notification in writing to the chairs and ranking minority 
members of the appropriate congressional committees shall not apply if 
the chairs and ranking minority members of the appropriate 
congressional committees have agreed, at their discretion, to waive 
such requirement.
    ``(ii) The requirements of subparagraph (A) shall not apply if the 
President states in the certification that an emergency exists that 
requires the sale or export of defense articles or defense services to 
be in the national security interests of the United States in 
accordance with subsection (b), (c), or (d) of this section.
    ``(2)(A) The President shall not submit a certification under 
subsection (b), (c), or (d) of this section if either chair or ranking 
minority member of the appropriate congressional committees requests a 
deferral of the submission of the certification based on the impact of 
the proposed sale or export of defense articles or defense services 
described in paragraph (1) on the security or foreign policy interests 
of the United States.
    ``(B)(i) The requirement of subparagraph (A) shall not apply if the 
President transmits to the chairs and ranking minority members of the 
appropriate congressional committees a report in writing that contains 
a determination of the President that extraordinary circumstances exist 
which necessitates the obviation of such requirement and a detailed 
description of such circumstances.
    ``(ii) The authority of clause (i) may not be delegated to any 
official who holds a position that is lower in rank or status than the 
Secretary of State.''.
    (c) Requirement to Provide Information Relating to Certain Sales 
and Exports.--Section 36 of the Arms Export Control Act (22 U.S.C. 
2776), as amended by subsection (a), is further amended by adding at 
the end the following new subsection:
    ``(i)(1) In the case of a certification for the offer to sell or 
export defense articles or defense services to a country other than a 
country that is a member of the North Atlantic Treaty Organization, 
Australia, New Zealand, or Japan, unless the President states in the 
certification that there has not been a violation of any agreement with 
the United States under section 3 of this Act or section 505 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2314) involving such country 
which would necessitate the transmission to Congress of a report under 
subsection (c) or (e) of section 3 of this Act, the President shall, 
upon the written request of either chair or ranking minority member of 
the appropriate congressional committees, transmit to the appropriate 
congressional committees a report in writing that contains an 
explanation of the facts and circumstances prompting the omission of 
such statement in the certification.
    ``(2)(A) A written request to the President under paragraph (1) 
shall toll the 30-day period described in subsection (b), (c), or (d) 
of this section with respect to the enactment of a joint resolution to 
prohibit the sale or export of the defense articles or defense services 
from the date on which the request is received by the President until 
the date on which the President's report is received by the appropriate 
congressional committees.
    ``(B)(i) The requirement of subparagraph (A) shall not apply if the 
President transmits to the appropriate congressional committees a 
report in writing that contains a determination of the President that 
the national security interests of the United States would be adversely 
affected by the application of such requirement to the proposed sale or 
export of the defense articles or defense services.
    ``(ii) The authority of clause (i) may not be delegated by the 
President to any other official of the Government of the United 
States.''.
    (d) Definition.--Section 36(e) of the Arms Export Control Act (22 
U.S.C. 2776(e)) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and
            (2) by inserting before paragraph (2) (as redesignated) the 
        following new paragraph:
            ``(1) the term ``appropriate congressional committee 
        means--
                    ``(A) the Committee on International Relations of 
                the House of Representatives; and
                    ``(B) the Committee on Foreign Relations of the 
                Senate;''.
    (e) Conforming Amendments.--Section 36 of the Arms Export Control 
Act (22 U.S.C. 2776) is amended--
            (1) in subsections (a), (b)(1), (c)(1), and (f), by 
        striking ``Speaker of the House of Representatives and to the 
        chairman of the Committee on Foreign Relations of the Senate'' 
        and inserting ``chairs of the appropriate congressional 
        committees'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``such committee 
                or the Committee on Foreign Affairs of the House of 
                Representatives'' and inserting ``either chair of the 
                appropriate congressional committees'';
                    (B) in paragraph (4), by striking ``Congress'' and 
                inserting ``chairs of the appropriate congressional 
                committees''; and
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``chairman of the Committee on Foreign Affairs 
                        of the House of Representatives and the 
                        chairman of the Committee on Foreign Relations 
                        of the Senate'' and inserting ``chairs of the 
                        appropriate congressional committees'';
                            (ii) in subparagraph (B), by striking 
                        ``Congress'' and inserting ``chairs of the 
                        appropriate congressional committees''; and
                            (iii) in subparagraph (C), by striking 
                        ``Speaker of the House of Representatives and 
                        the chairman of the Committee on Foreign 
                        Relations of the Senate'' and inserting 
                        ``chairs of the appropriate congressional 
                        committees''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``such committee 
                or the Committee on Foreign Affairs of the House of 
                Representatives'' and inserting ``either chair of the 
                appropriate congressional committees''; and
                    (B) in subparagraphs (A) and (C) of paragraph (2), 
                by striking ``Congress receives'' and inserting 
                ``chairs of the appropriate congressional committees 
                receive''; and
                    (C) in paragraph (4), by striking ``Congress'' each 
                place it appears and inserting ``the chairs of the 
                appropriate congressional committees''.

SEC. 4. NOTIFICATION AND CONSULTATION REQUIREMENTS RELATING TO CERTAIN 
              INITIATIVES AND NEGOTIATIONS.

    (a) Initiatives and Negotiations Relating to Nuclear Cooperation.--
The President shall keep the appropriate congressional committees fully 
and completely informed of any initiative or negotiations relating to a 
new or amended agreement for peaceful nuclear cooperation pursuant to 
section 123 of the Atomic Energy Act of 1954 prior to the President's 
announcement of such initiative or negotiations. The President shall 
consult with the appropriate congressional committees concerning such 
initiative or negotiations beginning not less than 15 calendar days 
before such announcement.
    (b) Initiatives and Negotiations With State Sponsors of 
Terrorism.--The President shall keep the appropriate congressional 
committees fully and completely informed of any initiative relating to 
or negotiations with any country the government of which the Secretary 
of State has determined, for purposes of section 6(j) of the Export 
Administration Act of 1979, section 620A of the Foreign Assistance Act 
of 1961, section 40 of the Arms Export Control Act, or any other 
provision of law, is a government that has repeatedly provided support 
for acts of international terrorism, either directly with such country 
or as part of a multilateral initiative. The President shall consult 
with the appropriate congressional committees concerning such 
initiative or negotiations not less than 15 calendar days before the 
announcement or inception of such initiative or negotiations.
    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate.
                                 <all>