    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Legislate Procedures Enacted in Law]
    [Pages 1264-1275]
    [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 1265]]

    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 1266]]

      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 1267]]

            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 1268]]

    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 1269]]

      (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 1270]]

    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 1271]]

      (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 1272]]

            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 1273]]

      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 1274]]

    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 1275]]

                    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)