[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1272-1283]
[From the U.S. Government Publishing Office, www.gpo.gov]
16. Arms Export Control
a. arms export control act, Sec. 36
reports on commercial and governmental military exports; congressional
[22 U.S.C. 2776(b)]
action
A certification transmitted pursuant to this subsection shall be
unclassified, except that the information specified in clause (ii) and
the details of the description specified in clause (iii) of subsection
(a) may be classified if the public disclosure thereof would be clearly
detrimental to the security of the United States, in which case the
information shall be accompanied by a description of the damage to the
national security that could be expected to result from public
disclosure of the information. The letter of offer shall not be issued
with respect to a proposed sale to the North Atlantic Treaty
Organization, any member country
[[Page 1273]]
of such Organization, Japan, Australia, the Republic of Korea, Israel,
or New Zealand, if the Congress, within fifteen calendar days after
receiving such certification, or with respect to a proposed sale to any
other country or organization, if the Congress within thirty calendar
days after receiving such certification, enacts a joint resolution
prohibiting the proposed sale, unless the President states in his
certification that an emergency exists which requires such sale in the
national security interests of the United States. If the President
states in his certification that an emergency exists which requires the
proposed sale in the national security interest of the United States,
thus waiving the congressional review requirements of this subsection,
he shall set forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate the immediate issuance of the letter of offer and a
discussion of the national security interests involved.
Sec. 36. * * * (b)(1) Subject to paragraph (6), in the case of any
letter of offer to sell any defense articles or services under this Act
for $50,000,000 or more, any design and construction services for
$200,000,000 or more, or any major defense equipment for $14,000,000 or
more, before such letter of offer is issued, the President shall submit
to the Speaker of the House of Representatives and to the chairman of
the Committee on Foreign Relations of the Senate a numbered
certification with respect to such offer to sell containing the
information specified in * * * subsection (a) * * *
(2) Any such joint resolution shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976, except that for
purposes of consideration of any joint resolution with respect to the
North Atlantic Treaty Organization, any member country of such
Organization, Japan, Australia, the Republic of Korea, Israel, or New
Zealand, it shall be in order in the Senate to move to discharge a
committee to which such joint resolution was referred if such committee
has not reported such joint resolution at the end of five calendar days
after its introduction.
(3) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
* * *
[[Page 1274]]
Pursuant to this provision, a motion that the House resolve itself
into the Committee of the Whole for consideration of a concurrent (now
joint; see P.L. 99-247) resolution disapproving an export sale of major
defense equipment is highly privileged after the resolution has been
reported, subject to the availability requirement of clause 4 of rule
XIII (former clause 2(l)(6) of rule XI) (Oct. 14, 1981, pp. 23796,
23871, 23872; May 7, 1986, p. 9716).
In the 116th Congress the House adopted a special order of business:
(1) rendering the statutory procedures under this provision and sections
36(c)(3)(B) and 36(d)(5)(B) of this Act inapplicable during the
remainder of the Congress; and (2) establishing alternative procedures
for consideration of joint resolutions submitted pursuant to such
sections that required notice from the Majority Leader or a designee and
that restricted the authority to call up any such joint resolution to
the chair of the Committee on Foreign Affairs or a designee (H. Res.
491, July 16, 2019, p. _). During the 116th Congress proper notice was
provided (July 16, 2019, p. _) and three joint resolutions were
considered pursuant to such alternative procedures (July 17, 2019, p.
_).
Sec. 1130(16B)
b. arms export control act, Sec. 36
commercial exports of defense articles and defense services
[22 U.S.C. 2776(c)]
Sec. 36. * * * (c) * * * (2) Unless the President states in his
certification [under paragraph (1)] that an emergency exists which
requires the proposed export in the national security interests of the
United States, a license for export described in paragraph (1)--
(A) in the case of a license for an export to the North
Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, the Republic of Korea, Israel,
or New Zealand, shall not be issued until at least 15 calendar
days after the Congress receives such certification, and shall
not be issued then if the Congress, within that 15-day period,
enacts a joint resolution prohibiting the proposed export; and
(B) in the case of a license for an export of a commercial
communications satellite for launch from, and by nationals of,
the Russian Federation, Ukraine, or Kazakhstan, shall not be
issued until at least 15 calendar days after the Congress
receives such certification, and shall not be issued then if the
Congress, within that 15-day period, enacts a joint resolution
prohibiting the proposed export; and
(C) in the case of any other license, shall not be issued
until at least 30 calendar days after the Congress receives such
certification, and shall not be issued then if the Congress,
within that 30-day period, enacts a joint resolution prohibiting
[[Page 1275]]
the proposed export.
(3)(A) Any joint resolution under this subsection shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
Sec. 1130(16C)
c. arms export control act, Sec. 36
commercial manufacturing agreements
[22 U.S.C. 2776(d)]
Sec. 36. (d)(1) In the case of an approval under section 38 of this
Act [22 U.S.C. 2778] of a United States commercial technical assistance
or manufacturing licensing agreement which involves the manufacture
abroad of any item of significant combat equipment on the United States
Munitions List, before such approval is given, the President shall
submit a certification with respect to such proposed commercial
agreement in a manner similar to the certification required under
subsection (c)(1) of this section containing comparable information,
except that the last sentence of such subsection shall not apply to
certifications submitted pursuant to this subsection.
(2) A certification under this subsection shall be submitted--
(A) at least 15 days before approval is given in the case of
an agreement for or in a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, the Republic
of Korea, Israel, or New Zealand; and
(B) at least 30 days before approval is given in the case of
an agreement for or in any other country;
unless the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States.
[[Page 1276]]
justification for his determination, including a description of the
emergency circumstances which necessitate the immediate approval of the
agreement and a discussion of the national security interests involved.
(3) If the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States, thus waiving the
requirements of paragraph (4), he shall set forth in the certification a
detailed
(4) Approval for an agreement subject to paragraph (1) may not be
given under section 38 if the Congress, within the 15-day or 30-day
period specified in paragraph (2)(A) or (B), as the case may be, enacts
a joint resolution prohibiting such approval.
(5)(A) Any joint resolution under paragraph (4) shall be considered in
the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and enactment of
joint resolutions under paragraph (4), a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
Sec. 1130(16D)
d. arms export control act, Sec. 3
third country transfer of military equipment
[22 U.S.C. 2753]
Sec. 3. (a) No defense article or defense service shall be sold or
leased by the United States Government under this Act to any country or
international organization, and no agreement shall be entered into for a
cooperative project (as defined in section 27 of this Act [22 U.S.C.
2767]), unless--
* * *
[[Page 1277]]
(2) the country or international organization shall have agreed not to
transfer title to, or possession of, any defense article or related
training or other defense service so furnished to it, or produced in a
cooperative project (as defined in section 27 of this Act [22 U.S.C.
2767]), to anyone not an officer, employee, or agent of that country or
international organization (or the North Atlantic Treaty Organization or
the specific member countries (other than the United States) in the case
of a cooperative project) and not to use or permit the use of such
article or related training or other defense service for purposes other
than those for which furnished unless the consent of the President has
first been obtained;
* * *
(d)(1) Subject to paragraph (5), the President may not give his
consent under paragraph (2) of subsection (a) or under the third
sentence of such subsection, or under section 505(a)(1) or 505(a)(4) of
the Foreign Assistance Act of 1961 [22 U.S.C. 2314(a)(1) or (4)], to a
transfer of any major defense equipment valued (in terms of its original
acquisition cost) at $14,000,000 or more, or any defense article or
related training or of other defense service valued (in terms of its
original acquisition cost) at $50,000,000 or more, unless the President
submits to the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate a written certification with respect
to such proposed transfer containing--
(A) the name of the country or international organization
proposing to make such transfer,
(B) a description of the article or service proposed to be
transferred, including its acquisition cost,
(C) the name of the proposed recipient of such article or
service,
(D) the reasons for such proposed transfer, and
(E) the date on which such transfer is proposed to be made.
Any certification submitted to Congress pursuant to this paragraph shall
be unclassified, except that information regarding the dollar value and
number of articles or services proposed to be transferred may be
classified if public disclosure thereof would be clearly detrimental to
the security of the United States.
(2)(A) Except as provided in subparagraph (B), unless the President
states in the certification submitted pursuant to paragraph (1) of this
subsection that an emergency exists which requires that consent to the
proposed transfer become effective immediately in the national security
interests of the United States, such consent shall not become effective
until 30 calendar days after the date of such submission and such
consent shall become effective then only if the Congress does not enact,
within such 30-day period, a joint resolution prohibiting the proposed
transfer.
[[Page 1278]]
that consent to the proposed transfer become effective immediately in
the national security interests of the United States, such consent shall
not become effective until fifteen calendar days after the date of such
submission and such consent shall become effective then only if the
Congress does not enact, within such fifteen-day period, a joint
resolution prohibiting the proposed transfer.
(B) In the case of a proposed transfer to the North Atlantic Treaty
Organization, or any member country of such Organization, Japan,
Australia, the Republic of Korea, Israel, or New Zealand, unless the
President states in the certification submitted pursuant to paragraph
(1) of this subsection that an emergency exists which requires
(C) If the President states in his certification under subparagraph
(A) or (B) that an emergency exists which requires that consent to the
proposed transfer become effective immediately in the national security
interests of the United States, thus waiving the requirements of that
subparagraph, the President shall set forth in the certification a
detailed justification for his determination, including a description of
the emergency circumstances which necessitate immediate consent to the
transfer and a discussion of the national security interests involved.
(D)(i) Any joint resolution under this paragraph shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and enactment of
joint resolutions under this paragraph, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
[[Page 1279]]
(3)(A) Subject to paragraph (5), the President may not give his
consent to the transfer of any major defense equipment valued (in terms
of its original acquisition cost) at $14,000,000 or more, or any defense
article or defense service valued (in terms of its original acquisition
cost) at $50,000,000 or more, the export of which has been licensed or
approved under section 38 of this Act [22 U.S.C. 2778] or has been
exempted from the licensing requirements of this chapter pursuant to a
treaty referred to in section 38 of this Act [22 U.S.C. 2778] where such
treaty does not authorize the transfer without prior United States
Government approval, unless before giving such consent the President
submits to the Speaker of the House of Representatives and the Chairman
of the Committee on Foreign Relations of the Senate a certification
containing the information specified in subparagraphs (A) through (E) of
paragraph (1). Such certification shall be submitted--
(i) at least 15 calendar days before such consent is given in
the case of a transfer to a country which is a member of the
North Atlantic Treaty Organization or Australia, Japan, the
Republic of Korea, Israel, or New Zealand; and
(ii) at least 30 calendar days before such consent is given in
the case of a transfer to any other country,
unless the President states in his certification that an emergency
exists which requires that consent to the proposed transfer become
effective immediately in the national security interests of the United
States. If the President states in his certification that such an
emergency exists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the President shall set
forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate that consent to the proposed transfer become effective
immediately and a discussion of the national security interests
involved.
(B) Consent to a transfer subject to subparagraph (A) shall become
effective after the end of the 15-day or 30-day period specified in
subparagraph (A)(i) or (ii), as the case may be, only if the Congress
does not enact, within that period, a joint resolution prohibiting the
proposed transfer.
(C)(i) Any joint resolution under this paragraph shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and enactment of
joint resolutions under this paragraph, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
(4) This subsection shall not apply--
(A) to transfers of maintenance, repair, or overhaul defense
services, or of the repair parts of other defense articles used
in furnishing such services, if the transfer will not result in
any increase, relative to the original specifications, in the
military capability of the defense articles and services to be
maintained, repaired, or overhauled;
(B) to temporary transfers of defense articles for the sole
[[Page 1280]]
purpose of receiving maintenance, repair, or overhaul; or
(C) to arrangements among members of the North Atlantic Treaty
Organization or between the North Atlantic Treaty Organization
and any of its member countries--
(i) for cooperative cross servicing, or
(ii) for lead-nation procurement if the certification
transmitted to the Congress pursuant to section 36(b) of
this Act [22 U.S.C. 2776(b)] with regard to such lead-
nation procurement identified the transferees on whose
behalf the lead-nation procurement was proposed.
(5) In the case of a transfer to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, the Republic of
Korea, Israel, or New Zealand that does not authorize a new sales
territory that includes any country other than such countries, the
limitations on consent of the President set forth in paragraphs (1) and
(3)(A) shall apply only if the transfer is--
(A) a transfer of major defense equipment valued (in terms of
its original acquisition cost) at $25,000,000 or more; or
(B) a transfer of defense articles or defense services valued
(in terms of its original acquisition cost) at $100,000,000 or
more.
* * *
Sec. 1130(16E)
e. arms export control act, Sec. Sec. 62, 63
leases of defense articles
[22 U.S.C. 2796a, 2796b]
[[Page 1281]]
Sec. 62. reports to the congress.--(a) Before entering into or
renewing any agreement with a foreign country or international
organization to lease any defense article under this chapter, or to loan
any defense article under chapter 2 of part II of the Foreign Assistance
Act of 1961 [22 U.S.C. 2311], for a period of one year or longer, the
President shall transmit to the Speaker of the House of Representatives,
the Committee on Foreign Affairs of the House of Representatives, and to
the chairman of the Committee on Foreign Relations of the Senate and the
chairman of the Committee on Armed Services of the Senate, a written
certification which specifies--
(1) the country or international organization to which the
defense article is to be leased or loaned;
(2) the type, quantity, and value (in terms of replacement
cost) of the defense article to be leased or loaned;
(3) the terms and duration of the lease or loan; and
(4) a justification for the lease or loan, including an
explanation of why the defense article is being leased or loaned
rather than sold under this Act.
(b) The President may waive the requirements of this section (and in
the case of an agreement described in section 63 [22 U.S.C. 2796b], may
waive the provisions of that section) if he states in his certification,
that an emergency exists which requires that the lease or loan be
entered into immediately in the national security interests of the
United States. If the President states in his certification that such an
emergency exists, he shall set forth in the certification a detailed
justification for his determination, including a description of the
emergency circumstances which necessitate that the lease be entered into
immediately and a discussion of the national security interests
involved.
(c) The certification required by subsection (a) shall be
transmitted--
(1) not less than 15 calendar days before the agreement is
entered into or renewed in the case of an agreement with the
North Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, the Republic of Korea, Israel,
or New Zealand; and
(2) not less than 30 calendar days before the agreement is
entered into or renewed in the case of an agreement with any
other organization or country.
[[Page 1282]]
as the case may be, enacts a joint resolution prohibiting the proposed
lease or loan.
Sec. 63. legislative review.--(a)(1) Subject to paragraph (2), in the
case of any agreement involving the lease under this chapter, or the
loan under chapter 2 of part II of the Foreign Assistance Act of 1961
[22 U.S.C. 2311], to any foreign country or international organization
for a period of one year or longer of any defense articles which are
either (i) major defense equipment valued (in terms of its replacement
cost less any depreciation in its value) at $14,000,000 or more, or (ii)
defense articles valued (in terms of their replacement cost less any
depreciation in their value) at $50,000,000 or more, the agreement may
not be entered into or renewed if the Congress, within the 15-day or 30-
day period specified in section 62(c) (1) or (2),
(2) In the case of an agreement described in paragraph (1) that is
entered into with a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, the Republic of Korea, Israel,
or New Zealand, the limitations in paragraph (1) shall apply only if the
agreement involves a lease or loan of--
(A) major defense equipment valued (in terms of its
replacement cost less any depreciation in its value) at
$25,000,000 or more; or
(B) defense articles valued (in terms of their replacement
cost less any depreciation in their value) at $100,000,000 or
more.
(b) Any joint resolution under subsection (a) shall be considered in
the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(c) For the purpose of expediting the consideration and enactment of
joint resolutions under subsection (a), a motion to proceed to the
consideration of any such resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the House
of Representatives.
Sec. 1130(16F)
transactions with countries supporting acts of international terrorism.
f. arms export control act, Sec. 40
[22 U.S.C. 2780]
Sec. 40. Transactions with Countries Supporting Acts of International
Terrorism.
* * *
(f) Rescission.--(1) A determination made by the Secretary of State
under subsection (d) may not be rescinded unless the President submits
to the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate--
(A) before the proposed rescission would take effect, a report
certifying that--
(i) there has been a fundamental change in the
leadership and policies of the government of the country
[[Page 1283]]
concerned;
(ii) that government is not supporting acts of
international terrorism; and
(iii) that government has provided assurances that it
will not support acts of international terrorism in the
future; or
(B) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that--
(i) the government concerned has not provided any
support for international terrorism during the preceding
6-month period; and
(ii) the government concerned has provided assurances
that it will not support acts of international terrorism
in the future.
(2) (A) No rescission under paragraph (1)(B) of a determination under
subsection (d) may be made if the Congress, within 45 days after receipt
of a report under paragraph (1)(B), enacts a joint resolution the matter
after the resolving clause of which is as follows: ``That the proposed
rescission of the determination under section 40(d) of the Arms Export
Control Act pursuant to the report submitted to the Congress on ___ is
hereby prohibited.'', the blank to be completed with the appropriate
date.
(B) A joint resolution described in subparagraph (A) and introduced
within the appropriate 45-day period shall be considered in the Senate
and the House of Representatives in accordance with paragraphs (3)
through (7) of section 8066(c) of the Department of Defense
Appropriations Act (as contained in Public Law 98-473), except that
references in such paragraphs to the Committees on Appropriations of the
House of Representatives and the Senate shall be deemed to be references
to the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, respectively.
* * *
Sec. 1130(17)