[Congressional Record Volume 165, Number 120 (Wednesday, July 17, 2019)]
[House]
[Pages H5935-H5938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONGRESSIONAL DISAPPROVAL OF THE PROPOSED TRANSFER TO THE 
    KINGDOM OF SAUDI ARABIA OF CERTAIN DEFENSE ARTICLES AND SERVICES

  Mr. ENGEL. Mr. Speaker, pursuant to section 3 of House Resolution 
491, I call up the joint resolution (S.J. Res. 36) providing for 
congressional disapproval of the proposed transfer to the Kingdom of 
Saudi Arabia, the United Kingdom of Great Britain and Northern Ireland, 
the Kingdom of Spain, and the Italian Republic of certain defense 
articles and services, and ask for its immediate consideration.
  The Clerk read the title of the joint resolution.
  The SPEAKER pro tempore. Pursuant to House Resolution 491, the joint 
resolution is considered read.
  The text of the joint resolution is as follows:

                              S.J. Res. 36

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the 
     issuance of a manufacturing license, technical assistance 
     license, or export license with respect to any of the 
     following proposed agreements or transfers to the Kingdom of 
     Saudi Arabia, the United Kingdom of Great Britain and 
     Northern Ireland, the Kingdom of Spain, and the Italian 
     Republic is prohibited:
       (1) The transfer of the following defense articles, 
     including defense services and technical data, described in 
     Executive Communication 1427 (EC-1427) submitted to Congress 
     pursuant to subsections (c) and (d) of section 36 of the Arms 
     Export Control Act (22 U.S.C. 2776) and published in the 
     Congressional Record on June 3, 2019:
       (A) Coproduction and manufacture in Saudi Arabia of Paveway 
     Pre-Amp Circuit Card Assemblies (CCA), Guidance Electronics 
     Assembly (GEA) CCAs, and Control Actuator System (CAS) CCAs 
     for all Paveway variants.
       (B) Coproduction and manufacture in Saudi Arabia of Paveway 
     II Guidance Electronics Detector Assemblies (GEDA) and 
     Computer Control Groups (CCG).
       (C) The transfer of up to 64,603 additional kits, partial 
     kits, and full-up-rounds.

  The SPEAKER pro tempore. The gentleman from New York (Mr. Engel) and 
the gentleman from Texas (Mr. McCaul) each will control 10 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and 
include in the Record extraneous material on the measure under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, the three measures the House will now consider are 
extraordinary, extraordinary but necessary, because they respond to 
what I view as an extraordinary abuse of power by the Trump 
administration, using a phony emergency to override the authority of 
Congress and push through $8 billion in arms sales.
  Each of these resolutions would prohibit a specific license for the 
export of precision-guided munitions, or smart bombs, and related 
components. We are focusing on these three licenses because the weapons 
would be the first ones shipped.
  Mr. Speaker, it is no secret that Congress has serious concerns about 
the Saudi-led coalition's war in Yemen. The Saudis and their partners 
and, for that matter, the United States do have legitimate security 
concerns about the

[[Page H5936]]

efforts of Iran and its proxies to destabilize the Gulf region.
  But as this war has dragged on, it has become clear that the 
coalition has carried out its campaign with little regard for innocent 
life: schoolbuses full of children destroyed in a fiery flash, weddings 
and funerals incinerated with no warning, civilian buildings and 
communities targeted.
  Reckless doesn't begin to describe it. It is gruesome. It has 
contributed to the worst humanitarian crisis in the world.

                              {time}  1315

  To make matters worse, many of the weapons used in this carnage were 
built in America, sold by American companies to the Saudis and their 
partners.
  Starting in the last Congress, when the administration told us they 
were planning to go ahead with another massive sale of offensive 
weapons to the Saudis and Emiratis, Senator Menendez and I used the 
tools at our disposal to place informal holds on these transfers. We 
hoped that the administration would work with us and dial up pressure 
on these nations to start acting responsibly.
  Now, the administration has complained that we stopped these sales 
from going through for months and months. But, as I said, this was an 
informal mechanism. The law--and I emphasize it is the law--says that, 
at any point, if an administration wants to go ahead with a weapons 
sale, it has to send a formal notification to Congress. That starts a 
30-day clock. During that time, Congress can vote to stop a weapons 
sale.
  Did the administration stop us to try to find a way forward? No.
  Did they send a formal notification, starting the process laid out in 
the law under which Congress can legislatively block the sale? No.
  What did they do? They dug up an obscure provision of the arms export 
law and declared an emergency to justify moving ahead with these sales.
  What does that mean? It means, they went around Congress. It means, 
they went around the law.
  Now, the emergency provision exists in law for a good reason. And if 
there were a real emergency--if the United States or our citizens or 
our allies were in immediate danger--we wouldn't be standing here 
today. There would be no objection.
  But here is the thing, Mr. Speaker. There is no emergency.
  Do you know how I know? I know because nearly 2 months down the line, 
not a single weapon has been shipped. Most of the weapons haven't even 
been built. In fact, one of the phony emergency declarations lets the 
Saudis build new facilities to manufacture weapons in their country, 
which I only presume would mean the Americans currently building these 
weapons in the United States would be out of a job.
  That is right. Donald Trump declared an emergency to move jobs out of 
the United States--good manufacturing jobs, the kind Americans fight 
for. He abused the law to send them abroad.
  What kind of emergency requires weapons that will be built months and 
months down the road? Or requires building a new factory on foreign 
soil? Especially when the law only gives Congress a 30-day review 
period.
  The answer is clear, Mr. Speaker: a phony emergency. An emergency 
designed to make yet another end run around Congress, to undermine the 
separation of powers, to trample on this body's constitutional duties.
  I am sick and tired of it, Mr. Speaker.
  The State Department sent an assistant secretary up to the Hill to 
testify about this fiasco. He told us in the Foreign Affairs Committee 
that the administration took this brazen action out of respect for 
Congress' oversight role. Mr. Speaker, that is really, really hard to 
believe.
  The other body passed 22 bipartisan resolutions stopping all these 
sales from going forward. The three measures we are considering today 
deal with weapons that are already manufactured, sitting in a 
warehouse, and, if we don't act, will be loaded onto a ship and sent to 
Saudi Arabia and the UAE within the next 2 months.
  This resolution would prohibit the use of an emergency declaration to 
move ahead with the transfer of 64,000 Paveway precision-guided 
munitions, or, as we call them, smart bombs. Sixty-four thousand, Mr. 
Speaker, which would be added to the stockpile of 58,000 the Saudis 
previously purchased starting in 2015.
  What will all these weapons be used for? No one knows.
  If the administration wants to sell these weapons, they should follow 
the law, not misuse it, and they should come to Congress for its 
approval.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong opposition to this dangerous 
resolution. Right now, as I speak, Iran is stretching its tentacles of 
terror across the Middle East.
  By aiding the Houthis in Yemen, arming Hezbollah and Lebanon, and 
supporting the Shiite militias in Iraq and Syria, Iran is creating a 
Shia Crescent that can dominate the region. Their goal is to build a 
strategic land bridge from Tehran to the Mediterranean Sea. If we allow 
them to succeed, terrorism will flourish, instability will reign, and 
the security of our allies, like Israel, will be threatened.
  One of the ways we can push back against Iran's murderous aggression 
is by empowering our partners in the region. Unfortunately, this 
irresponsible resolution handcuffs our ability to do so.
  Specifically, this legislation would prohibit an export license and 
stop the United States from providing our partners with the arms that 
they need to defend themselves. This particular license first came 
before members of the Foreign Affairs Committee in January of 2018. 
When I became the lead Republican in January of 2019, I reviewed this 
case and maintained the informal approval granted by my predecessor, 
Chairman Royce.
  The administration has been criticized for bypassing Congress to push 
these sales through. But the Democrats, in fairness, placed informal 
holds on the sale for more than 13 months, a total of 407 days, which I 
believe abuses the process that we have in place in Congress.
  During that time, the State Department continued to pursue this case 
with Congress. They also sent forward additional cases to help support 
the Saudis, the UAE, and Jordan. And, by the time the State Department 
submits such cases to Congress, they have already undergone a thorough 
interagency review process.
  This important process ensures compliance with the President's 
conventional arms transfer policy intended to support our partners and 
strengthen our national security. Other critics are worried that these 
weapons will increase civilian casualties in Yemen.

  However, the precision-guided munitions that we were trying to send 
to the Saudis will actually lower the risk of civilian casualties in 
Yemen as it counters attacks from Iranian-backed Houthis.
  Now is not the time to deny our partners what they need for their 
defense. Nor is it time to hold precision-guided munitions that could 
minimize the risk to civilians.
  Recently, after Iran attacked civilian ships and shot down drones--a 
U.S. military asset--the President brought together a bipartisan group 
of congressional leaders, including the chairman and myself, to discuss 
an appropriate response. He listened to our advice and made a prudent 
decision to exercise restraint.
  The President has made it explicitly clear the United States is not 
looking for war. The decision to move forward with these arms sales is 
part of a larger effort to deter Iran. A key part of that effort is to 
empower greater burden sharing by enhancing the defense capabilities of 
our allies. These sales provide more options for deterring Iran that do 
not all depend on U.S. intervention.
  I support these sales, even though I do not think that all 22 
required emergency certification--this is a point the chairman and I 
actually agree on--especially those that will not be ready for delivery 
until later this year. I support revising the law with Chairman Engel 
to ensure and enhance the role of Congress in future emergency sales.
  I thank the chairman for his bipartisan work with me on that 
amendment to the NDAA that was passed by a wide margin.

[[Page H5937]]

  But I do oppose relitigating prior, lawful sales to partners who face 
growing threats to their security, which is what today's resolutions 
attempt to do.
  Mr. Speaker, we face many dynamic challenges. Iran threatens the 
Middle East, it continues to pursue the eradication of Israel, and it 
remains the number one state sponsor of terrorism around the world. 
That threat is growing, not waning. For that reason, I believe that 
Members should oppose today's resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ENGEL. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from 
Rhode Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise to support S.J. Res. 36 and the other measures 
related to arms sales being considered this afternoon, which will 
prevent three sets of arms sales to Saudi Arabia and the UAE without 
undergoing the proper congressional notification process.
  We are here today because rather than come and make their case to 
Congress, the administration invented a phony emergency to bypass the 
legal process for approving arms sales. There is no justification for 
this decision, other than the administration knew that these sales 
would be met with scrutiny from Congress and didn't want to deal with 
it.
  Well, they were right. Congress is concerned about these proposed 
sales, and we should not sit back and allow the administration to 
continue with the charade of claiming an emergency exemption for them. 
I am glad that these measures of disapproval have bipartisan support 
and have already passed the Republican-led Senate. I urge all of my 
colleagues to support them today.
  The administration briefed this body on Iran just days before the 
supposed emergency was declared and never mentioned an emergency. We 
are supposed to believe that, within a matter of days, the situation 
escalated so quickly that they were forced to bypass Congress. Most of 
the weapons included in the emergency sales are offensive weapons, and 
much of the sale will be delivered months or years from now, further 
evidence that no emergency exists.
  The egregious and legally questionable move to put more weapons into 
the hands of regimes who are responsible for perpetrating horrific 
civilian casualties in Yemen comes as no surprise from an 
administration that has cozied up to the Saudi Crown Prince, even as we 
have credible evidence that he and his government are responsible for 
the cold-blooded murder of an American resident and journalist.
  Just because you don't like the process doesn't mean you get to 
ignore it. This action has implications far beyond the current sale. If 
Congress doesn't reassert our proper role in the process, we risk 
giving up the authority in the arms sale process entirely.
  This isn't and shouldn't be a partisan issue. It is our job, as 
Congress, to represent the American people in matters of war. If we let 
this action go without a strong congressional response, the 
repercussions will be wide-ranging and longstanding.
  Mr. Speaker, I urge my colleagues to support these resolutions of 
disapproval and block these arms sales once and for all.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
West Virginia (Mrs. Miller).
  Mrs. MILLER. Mr. Speaker, I rise today to speak in opposition to S.J. 
Res. 36. This legislation is bad policy and it sets a bad precedent.
  Today, Congress is attempting to block legal U.S. arms sales to 
strategic partners who face increased threats from Iran and terrorist 
proxies.
  The administration is ensuring that our allies in the Middle East 
have the capabilities to defend themselves and protect the hundreds of 
thousands of Americans who live and work in the Gulf states. These 
allies depend on military equipment from the U.S. to hold the line 
against Iran, al-Qaida, ISIS, and other threats. If we don't supply it, 
they will buy it elsewhere.
  Russian arms dealers are already seeking to exploit the reluctance. 
At this point in history, we need to do what we can to decrease Iran's 
influence in the region.
  Mr. Speaker, I urge my colleagues to vote against the resolution.
  Mr. ENGEL. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Virginia (Ms. Spanberger).

  Ms. SPANBERGER. Mr. Speaker, I rise in support of S.J. Res. 36, a 
joint resolution which I am leading in the House.
  The evidence is clear: the Saudi Government continues to disregard 
the vital distinction between combatants and innocent civilians in 
Yemen.
  In February, Congress voted to end U.S. support to the Saudi-led 
campaign against the Houthis that have left thousands of civilians dead 
and created one of the largest humanitarian crises in modern times.
  However, the President not only vetoed a resolution, but the 
administration is now ramping up support for Saudi Arabia's offensive 
actions in Yemen, while simultaneously escalating tensions with Iran.
  As I made clear during Foreign Affairs Committee hearings in May, not 
only is the administration trying to sell the Saudis more powerful 
weapons, but we are giving them the opportunity to build their own. 
With this latest proposal, the administration would be transferring 
sensitive technology that would allow Saudi Arabia to manufacture these 
high-tech weapons directly.
  Congress needs to reassert its authority now as a coequal branch of 
government. This resolution, which I have led in the House, would make 
sure that blatantly offensive weapons aren't sold to the Saudi military 
under the guise of defensive uses without congressional review.
  I am proud to work with my colleagues in the Senate to block the sale 
of precision-guided munitions, which are responsible for some of the 
most horrific examples of targeted attacks against civilians.
  Mr. Speaker, I urge my colleagues on both sides of the aisle to stand 
up against this misguided decision, protect innocent lives, and 
reassert the authority of Congress.

                              {time}  1330

  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just want to go back to when we debated the Yemen 
resolution, which I thought was, once again, pro-Iran and pro-Houthi 
rebel, and anti-Israel. It is interesting that after that passed this 
Chamber, that the Houthi rebels celebrated a victory in the Congress, 
thinking that the American people, through the Congress, actually 
supported them.
  We have to be responsible in our rhetoric on this floor and what we 
stand for. Many in this body favor asking our partners around the world 
to step up and do more to help protect our shared interests.
  The President has called on other nations to take on the burden of 
defeating terrorism in the Middle East and has commended our partners 
for their contributions to regional security. Sharing this burden of 
collective security interest is really vital to ensuring the United 
States is not the only one bearing the costs in blood and treasure, for 
we have borne way too much in the Middle East.
  But these arms sales are where the rubber hits the road for burden 
sharing. We cannot ask for partners to take on additional burdens while 
withholding from them the tools to do so. We should and do work with 
our partners to train them to use U.S.-origin equipment effectively and 
responsibly. This is an ongoing process.
  My fear is that if we are unwilling to provide our partners with the 
means to ensure their own security and to invest the resources to turn 
them into responsible users, then the United States will find itself as 
a main guarantor of Middle East security. We have borne that burden for 
the last several decades. We also need to be wary of our partners 
turning to China and Russia for their defense needs.
  Mr. Speaker, it was unfortunate how the current law, I believe, was 
utilized for these 22 sales. That is where Chairman Engel and I agree. 
And that is why we have worked on a bipartisan basis to refine this 
process for invoking an emergency moving forward. We have the informal 
congressional review process to try to resolve concerns regarding 
sales.
  But when Members place indefinite holds on sales and place a stop to 
our

[[Page H5938]]

ability to share burdens with our partners--for 18 months in some 
cases--it undermines our entire security strategy and the important 
bilateral partnerships we worked so hard to establish and grow. For 
that reason, I oppose the resolution, and I yield back the balance of 
my time.
  Mr. ENGEL. Mr. Speaker, may I ask how much time I have remaining?
  The SPEAKER pro tempore. The gentleman from New York has 1 minute 
remaining.
  Mr. ENGEL. Mr. Speaker, I yield myself the balance of my time to 
close debate on this measure.
  I will wrap up quickly, as we have two more of these measures to 
consider.
  It is important that we pass this measure now, along with the two we 
will soon consider, because these deal with weapons that could soon be 
on their way across the ocean.
  I think the Iranian regime is dangerous. I think the Houthis are 
dangerous. No one is denying the Saudis the right to go after them. 
What we are saying is, don't go after them and kill thousands of 
civilians in the process with American weapons.
  And also, separation of powers, the President cannot try to get 
around Congress with phony emergencies. I urge a ``yes'' vote, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 491, the previous question is ordered on 
the joint resolution.
  The question is on the third reading of the joint resolution.
  The joint resolution was ordered to be read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________