[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Legislate Procedures Enacted in Law]
[Pages 1258-1269]
[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 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.


                                  * * *

  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 

        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.

  (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 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.

  (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--


                                  * * *


  (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.

  (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 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.

  (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.

  (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 

        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]

  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.

  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), as the case may be, 
enacts a joint resolution prohibiting the proposed lease or loan.

  (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 1269]]

                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)