[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 381-419]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 381]]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7--INTERNATIONAL BUREAUS, CONGRESS, ETC.
360 Sec. 287e-2. Reimbursement for goods and services provided
by the United States to the United Nations
(a) Requirement to obtain reimbursement
(1) In general
Except as provided in paragraph (2), the
President shall seek and obtain in a timely
fashion a commitment from the United Nations to
provide reimbursement to the United States from
the United Nations whenever the United States
Government furnishes assistance pursuant to the
provisions of law described in subsection (c)--
(A) to the United Nations when the
assistance is designed to facilitate or
assist in carrying out an assessed
peacekeeping operation;
(B) for any United Nations peacekeeping
operation that is authorized by the United
Nations Security Council under Chapter VI or
Chapter VII of the United Nations Charter
and paid for by peacekeeping or regular
budget assessment of the United Nations
members; or
(C) to any country participating in any
operation authorized by the United Nations
Security Council under Chapter VI or Chapter
VII of the United Nations Charter and paid
for by peacekeeping assessments of United
Nations members when the assistance is
designed to facilitate or assist the
participation of that country in the
operation.
(2) Exceptions
(A) In general
The requirement in paragraph (1) shall
not apply to--
(i) goods and services provided
to the United States Armed Forces;
(ii) assistance having a value
of less than $3,000,000 per fiscal
year per operation;
(iii) assistance furnished
before November 29, 1999;
(iv) salaries and expenses of
civilian police and other civilian
and military monitors where United
Nations policy is to require payment
by contributing members for similar
assistance to United Nations
peacekeeping operations; or
(v) any assistance commitment
made before November 29, 1999.
(B) Deployments of United States military
forces
The requirements of subsection (d)(1)(B)
shall not apply to the deployment of United
States military forces when the President
determines that such deployment is important
to the security interests of the United
States. The cost of such deployment
[[Page 382]]
shall be included in the data provided under
section 2348d of this title.
* * * * * * *
(c) Covered assistance
Subsection (a) applies to assistance provided under the
following provisions of law:
(1) Sections 287d and 287d-1 of this title.
(2) Sections 2261, 2318(a)(1), 2321j,
2348a(c), and 2357 of this title.
(3) Any other provisions of law pursuant to
which assistance is provided by the United
States to carry out the mandate of an assessed
United Nations peacekeeping operation.
(d) Waiver
(1) Authority
(A) In general
The President may authorize the
furnishing of assistance covered by this
section without regard to subsection (a) if
the President determines, and so notifies in
writing the Committee on Foreign Relations
of the Senate and the Speaker of the House
of Representatives, that to do so is
important to the security interests of the
United States.
(B) Congressional notification
When exercising the authorities of
subparagraph (A), the President shall notify
the Committee on Foreign Relations of the
Senate and the Committee on International
Relations of the House of Representatives in
accordance with the procedures applicable to
reprogramming notifications under section
2394-1 of this title.
(2) Congressional review
Notwithstanding a notice under paragraph (1)
with respect to assistance covered by this
section, subsection (a) shall apply to the
furnishing of the assistance if, not later than
15 calendar days after receipt of a notification
under that paragraph, the Congress enacts a
joint resolution disapproving the determination
of the President contained in the notification.
(3) Senate procedures
Any joint resolution described in paragraph
(2) 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.\9\ (Dec. 20,
1945, ch. 583, Sec. 10, as added Pub. L. 106-
113, div. B, Sec. 1000(a)(7) [div. A, Title VII,
Sec. 723], Nov. 29, 1999, 113 Stat. 1536, 1501A-
463.)
\9\ Relevant portions of Sec. 601(b) of Title VI, Pub.
L. 94-329, International Security Assistance and Arms
Export Control Act of 1976 (ISAAECA), are reproduced in
Sec. 431 of the Senate Manual.
* * * * * * *
[[Page 383]]
Chapter 32--FOREIGN ASSISTANCE
361
Sec. 2291 note. United States Senate Caucus on International
Narcotics Control
(a) Establishment.--There is established the United
States Senate Caucus on International Narcotics Control
(hereafter in this section referred to as the 'Caucus').
(b) Duties.--The Caucus is authorized and directed--
(1) to monitor and promote international
compliance with narcotics control treaties,
including eradication and other relevant issues;
and
(2) to monitor and encourage United States
Government and private programs seeking to
expand international cooperation against drug
abuse and narcotics trafficking.
(c) Membership.--(1) The Caucus shall be composed of 12
members as follows:
(A) 7 Members of the Senate appointed by
the President of the Senate, 4 of whom
(including the member designated as
Chairman) shall be selected from the
majority party of the Senate, after
consultation with the majority leader, and 3
of whom (including the member designated as
Cochairman) shall be selected from the
minority party of the Senate, after
consultation with the minority leader.
(B) 5 members of the public to be
appointed by the President after
consultation with the members of the
appropriate congressional committees.
(2) There shall be a Chairman and a
Cochairman of the Caucus.
(d) Powers.--In carrying out this section, the Caucus
may require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such
books, records, correspondence, memorandums, papers, and
documents as it deems necessary. Subpoenas may be issued
over the signature of the Chairman of the Caucus or any
member designated by him, and may be served by any person
designated by the Chairman or such member. The Chairman of
the Caucus, or any member designated by him, may administer
oaths to any witness.
(e) Report by President to Caucus.--In order to assist
the Caucus in carrying out its duties, the President shall
submit to the Caucus a copy of the report required by
section 481(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2991(e)) [22 U.S.C. 2291(e)].
(f) Report to Senate.--The Caucus is authorized and
directed to report to the Senate with respect to the matters
covered by this section on a periodic basis and to provide
information to Members of the Senate as requested. For each
fiscal year for which an appropriation is made the Caucus
shall submit to the Congress a report on its expenditures
under such appropriation.
* * * * * * *
(2) For purposes of section 502(b) of the
Mutual Security Act of 1954 (22 U.S.C. 1754(b)),
the Caucus shall be deemed to be a standing
committee of the Senate and shall be entitled to
the use of funds in accordance with such
section.
(h) Staff.--The Caucus may appoint and fix the pay of
such staff personnel as it deems desirable, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive
[[Page 384]]
service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
* * * * * * *
(Pub. L. 99-93, Title VIII, Sec. 814, Aug. 16, 1985, 99
Stat. 455, as amended by Pub. L. 99-151, Title III,
Sec. 306, Nov. 13, 1985, 99 Stat. 808; Pub. L. 100-202,
Sec. 101(i) [Title I, Sec. 5], Dec. 22, 1987, 101 Stat.
1329-290, 1329-294; Pub. L. 102-392, Title III, Sec. 323,
Oct. 6, 1992, 106 Stat. 1726; Pub. L. 105-119, Title VI,
Sec. 625, Nov. 26, 1997, 111 Stat. 2522; Pub. L. 106-57,
Title I, Sec. 7, Sept. 29, 1999, 113 Stat. 412; Pub. L. 107-
228, div. A, Title VI, Sec. 684, Sept. 30, 2002, 116 Stat.
1411.)
362 Sec. 2291j. Annual certification procedures
(a) Withholding of bilateral assistance and opposition to
multilateral development assistance
(1) Bilateral assistance
Fifty percent of the United States
assistance allocated each fiscal year in the
report required by section 2413 of this title
for each major illicit drug producing country,
major drug-transit country, or country
identified pursuant to clause (i) or (ii) of
section 2291h(a)(8)(A) of this title shall be
withheld from obligation and expenditure, except
as provided in subsection (b). This paragraph
shall not apply with respect to a country if the
President determines that its application to
that country would be contrary to the national
interest of the United States, except that any
such determination shall not take effect until
at least 15 days after the President submits
written notification of that determination to
the appropriate congressional committees in
accordance with the procedures applicable to
reprogramming notifications under section 2394-1
of this title.
(2) Multilateral assistance
The Secretary of the Treasury shall instruct
the United States Executive Director of each
multilateral development bank to vote, on and
after March 1 of each year, against any loan or
other utilization of the funds of their
respective institution to or for any major
illicit drug producing country or major drug-
transit country (as determined under subsection
(h)) or country identified pursuant to clause
(i) or (ii) of section 2291h(a)(8)(A) of this
title, except as provided in subsection (b). For
purposes of this paragraph, the term
``multilateral development bank'' means the
International Bank for Reconstruction and
Development, the International Development
Association, the Inter-American Development
Bank, the Asian Development Bank, the African
Development Bank, and the European Bank for
Reconstruction and Development.
(b) Certification procedures
(1) What must be certified
Subject to subsection (d), the assistance
withheld from a country pursuant to subsection
(a)(1) may be obligated and expended, and the
requirement of subsection (a)(2) to vote against
multilateral development bank assistance to a
country shall not apply, if the President
determines and certifies to the Congress, at the
time of the submission of the report required by
section 2291h(a) of this title, that--
[[Page 385]]
(A) during the previous year the country
has cooperated fully with the United States,
or has taken adequate steps on its own, to
achieve full compliance with the goals and
objectives established by the United Nations
Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances;
or
(B) for a country that would not
otherwise qualify for certification under
subparagraph (A), the vital national
interests of the United States require that
the assistance withheld pursuant to
subsection (a)(1) be provided and that the
United States not vote against multilateral
development bank assistance for that country
pursuant to subsection (a)(2).
(2) Considerations regarding cooperation
In making the determination described in
paragraph (1)(A), the President shall consider
the extent to which the country has--
(A) met the goals and objectives of the
United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances, including action on such issues
as illicit cultivation, production,
distribution, sale, transport and financing,
and money laundering, asset seizure,
extradition, mutual legal assistance, law
enforcement and transit cooperation,
precursor chemical control, and demand
reduction;
(B) accomplished the goals described in
an applicable bilateral narcotics agreement
with the United States or a multilateral
agreement; and
(C) taken legal and law enforcement
measures to prevent and punish public
corruption, especially by senior government
officials, that facilitates the production,
processing, or shipment of narcotic and
psychotropic drugs and other controlled
substances, or that discourages the
investigation or prosecution of such acts.
(3) Information to be included in national interest
certification
If the President makes a certification with
respect to a country pursuant to paragraph
(1)(B), the President shall include in such
certification--
(A) a full and complete description of
the vital national interests placed at risk
if United States bilateral assistance to
that country is terminated pursuant to this
section and multilateral development bank
assistance is not provided to such country;
and
(B) a statement weighing the risk
described in subparagraph (A) against the
risks posed to the vital national interests
of the United States by the failure of such
country to cooperate fully with the United
States in combating narcotics or to take
adequate steps to combat narcotics on its
own.
(c) Licit opium producing countries
The President may make a certification under subsection
(b)(1)(A) with respect to a major illicit drug producing
country, or major drug-transit country, that is a producer
of licit opium only if the President determines that such
country maintains licit production and stockpiles at levels
no higher than those consistent with licit market demand,
and has taken adequate steps to prevent significant
diversion of its licit cultivation and production into the
illicit markets and to prevent illicit cultivation and
production.
[[Page 386]]
(d) Congressional review
Subsection (e) shall apply if, within 30 calendar days
after receipt of a certification submitted under subsection
(b) at the time of submission of the report required by
section 2291h(a) of this title, the Congress enacts a joint
resolution disapproving the determination of the President
contained in such certification.
(e) Denial of assistance for countries decertified
If the President does not make a certification under
subsection (b) with respect to a country or the Congress
enacts a joint resolution disapproving such certification,
then until such time as the conditions specified in
subsection (f) are satisfied--
(1) funds may not be obligated for United
States assistance for that country, and funds
previously obligated for United States
assistance for that country may not be expended
for the purpose of providing assistance for that
country; and
(2) the requirement to vote against
multilateral development bank assistance
pursuant to subsection (a)(2) shall apply with
respect to that country, without regard to the
date specified in that subsection.
(f) Recertification
Subsection (e) shall apply to a country described in
that subsection until--
(1) the President, at the time of submission
of the report required by section 2291h(a) of
this title, makes a certification under
subsection (b)(1)(A) or (b)(1)(B) with respect
to that country, and the Congress does not enact
a joint resolution under subsection (d)
disapproving the determination of the President
contained in that certification; or
(2) the President, at any other time, makes
the certification described in subsection
(b)(1)(B) with respect to that country, except
that this paragraph applies only if either--
(A) the President also certifies that--
(i) that country has undergone a
fundamental change in government, or
(ii) there has been a
fundamental change in the conditions
that were the reason--
(I) why the President had not
made a certification with respect to
that country under subsection
(b)(1)(A), or
(II) if he had made such a
certification and the Congress
enacted a joint resolution
disapproving the determination
contained in the certification, why
the Congress enacted that joint
resolution; or
(B) the Congress enacts a joint
resolution approving the determination
contained in the certification under
subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph
(2) shall discuss the justification for the certification.
[[Page 387]]
(g) Senate procedures
Any joint resolution under this section 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. \10\
\10\ Id.
(h) Determining major drug-transit and major illicit drug
producing countries
Not later than November 1 of each year, the President
shall notify the appropriate committees of the Congress of
which countries have been determined to be major drug-
transit countries, and which countries have been determined
to be major illicit drug producing countries, for purposes
of this chapter. (Pub. L. 87-195, Pt. I, Sec. 490, as added
Pub. L. 102-583, Sec. 5(a), Nov. 2, 1992, 106 Stat. 4924;
amended Pub. L. 103-447, Title I, Sec. 101(g)(1), Nov. 2,
1994, 108 Stat. 4692; Pub. L. 104-66, Title I, Sec. 1112(d),
Dec. 21, 1995, 109 Stat. 724; Pub. L. 109-177, Title VII,
Sec. 722(b), Mar. 9, 2006, 120 Stat. 268.)
363 Sec. 2304. Human rights and security assistance
* * * * * * *
(c) Congressional request for information; information
required; 30-day period; failure to supply information;
termination or restriction of assistance
(1) Upon the request of the Senate or the House of
Representatives by resolution of either such House, or upon
the request of the Committee on Foreign Relations of the
Senate or the Committee on Foreign Affairs of the House of
Representatives, the Secretary of State shall, within thirty
days after receipt of such request, transmit to both such
committees a statement, prepared with the assistance of the
Assistant Secretary of State for Democracy, Human Rights,
and Labor, with respect to the country designated in such
request, setting forth--
(A) all the available information about
observance of and respect for human rights and
fundamental freedom in that country, and a
detailed description of practices by the
recipient government with respect thereto;
(B) the steps the United States has taken
to--
(i) promote respect for and observance
of human rights in that country and
discourage any practices which are inimical
to internationally recognized human rights,
and
(ii) publicly or privately call
attention to, and disassociate the United
States and any security assistance provided
for such country from, such practices;
(C) whether, in the opinion of the Secretary
of State, notwithstanding any such practices--
(i) extraordinary circumstances exist
which necessitate a continuation of security
assistance for such country, and, if so, a
description of such circumstances and the
extent to which such assistance should be
continued (subject to such conditions as
Congress may impose under this section), and
(ii) on all the facts it is in the
national interest of the United States to
provide such assistance; and
[[Page 388]]
(D) such other information as such committee
or such House may request.
(2)(A) A resolution of request under paragraph (1) of
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.\11\
\11\ Id.
(B) The term ``certification'', as used in section 601
of such Act, means, for the purposes of this subsection, a
resolution of request of the Senate under paragraph (1) of
this subsection.
(3) In the event a statement with respect to a country
is requested pursuant to paragraph (1) of this subsection
but is not transmitted in accordance therewith within thirty
days after receipt of such request, no security assistance
shall be delivered to such country except as may thereafter
be specifically authorized by law from such country unless
and until such statement is transmitted.
(4)(A) In the event a statement with respect to a
country is transmitted under paragraph (1) of this
subsection, the Congress may at any time thereafter adopt a
joint resolution terminating, restricting, or continuing
security assistance for such country. In the event such a
joint resolution is adopted, such assistance shall be so
terminated, so restricted, or so continued, as the case may
be.
(B) Any such 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.\12\
\12\ Id.
(C) The term ``certification'', as used in section 601
of such Act, means, for the purposes of this paragraph, a
statement transmitted under paragraph (1) of this
subsection. (Pub. L. 87-195, Pt. II, Sec. 502B, as added
Pub. L. 93-559, Sec. 46, Dec. 30, 1974, 88 Stat. 1815;
amended Pub. L. 94-329, Title III, Sec. 301(a), June 30,
1976, 90 Stat. 748; Pub. L. 95-105, Title I, Sec. 109(a)(3),
Aug. 17, 1977, 91 Stat. 846; Pub. L. 95-384, Sec. Sec. 6(a)-
(d)(1), (e), 10(b)(1), 12(b), Sept. 26, 1978, 92 Stat. 731,
732, 735, 737; Pub. L. 96-53, Title V, Sec. 511, Aug. 14,
1979, 93 Stat. 380; Pub. L. 96-92, Sec. 4, Oct. 29, 1979, 93
Stat. 702; Pub. L. 96-533, Title VII, Sec. Sec. 701(b), 704,
Dec. 16, 1980, 94 Stat. 3156, 3157; Pub. L. 98-151,
Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L. 99-64,
Title I, Sec. 124, July 12, 1985, 99 Stat. 156; Pub. L. 99-
83, Title XII, Sec. 1201, Aug. 8, 1985, 99 Stat. 276; Pub.
L. 100-204, Title I, Sec. 127(2), Dec. 22, 1987, 101 Stat.
1343; Pub. L. 103-236, Title I, Sec. 162(e)(2), Apr. 30,
1994, 108 Stat. 405; Pub. L. 103-437, Sec. 9(a)(6), Nov. 2,
1994, 108 Stat. 4588 ; Pub. L. 104-319, Title II,
Sec. 201(b), Oct. 19, 1996, 110 Stat. 3866; Pub. L. 105-292,
Title I, Sec. 102(d)(2), Title IV, Sec. 421(b), Oct. 27,
1998, 112 Stat. 2795, 2810; Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. A, Title II, Sec. 252, Title VIII,
Sec. 806(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-432,
1501A-471; Pub. L. 106-386, div. A, Sec. 104(b), Oct. 28,
2000, 114 Stat. 1472; Pub. L. 107-228, div. A, Title VI,
Sec. Sec. 665(b), 683(b), Sept. 30, 2002, 116 Stat. 1407,
1411; Pub. L. 108-332, Sec. 6(a)(2), Oct. 16, 2004, 118
Stat. 1285; Pub. L. 111-166, Sec. 2(2), May 17, 2010, 124
Stat. 1187; Pub. L. 113-4, Title XII, Sec. 1207(b)(2), Mar.
7, 2013, 127 Stat.
[[Page 389]]
141; Pub. L. 113-276, Title II, Sec. Sec. 206, 208(b)(2),
Dec. 18, 2014, 128 Stat. 2992, 2993.)
* * * * * * *
364 Sec. 2314. Furnishing of defense articles or related
training or other defense service on grant basis
* * * * * * *
(g) Discrimination on basis of race, religion, national
origin, or sex prohibited
(1) It is the policy of the United States that no
assistance under this part should be furnished to any
foreign country, the laws, regulations, official policies,
or governmental practices of which prevent any United States
person (as defined in section 7701(a)(30) of title 26) from
participating in the furnishing of defense articles or
defense services under this part on the basis of race,
religion, national origin, or sex.
(2)(A) No agency performing functions under this part
shall, in employing or assigning personnel to participate in
the performance of any such function, whether in the United
States or abroad, take into account the exclusionary
policies or practices of any foreign government where such
policies or practices are based upon race, religion,
national origin, or sex.
(B) Each contract entered into by any such agency for
the performance of any function under this part shall
contain a provision to the effect that no person,
partnership, corporation, or other entity performing
functions pursuant to such contract, shall, in employing or
assigning personnel to participate in the performance of any
such function, whether in the United States or abroad, take
into account the exclusionary policies or practices of any
foreign government where such policies or practices are
based upon race, religion, national origin, or sex.
(3) The President shall promptly transmit reports to the
Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate concerning
any transaction in which any United States person (as
defined in section 7701(a)(30) of title 26) is prevented by
a foreign government on the basis of race, religion,
national origin, or sex, from participating in the
furnishing of assistance under this part, or education and
training under part V of this subchapter, to any foreign
country. Such reports shall include (A) a description of the
facts and circumstances of any such discrimination, (B) the
response thereto on the part of the United States or any
agency or employee thereof, and (C) the result of such
response, if any.
(4)(A) Upon the request of the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs
of the House of Representatives, the President shall, within
60 days after receipt of such request, transmit to both such
committees a statement, prepared with the assistance of the
Assistant Secretary of State for Democracy, Human Rights,
and Labor, with respect to the country designated in such
request, setting forth--
(i) all the available information about the
exclusionary policies or practices of the
government of such country when such policies or
practices are based upon race, religion,
national origin, or sex and prevent any such
person from participating in a transaction
[[Page 390]]
involving the furnishing of any assistance under
this part or any education and training under
part V of this subchapter;
(ii) the response of the United States
thereto and the results of such response;
(iii) whether, in the opinion of the
President, notwithstanding any such policies or
practices--
(I) extraordinary circumstances exist
which necessitate a continuation of such
assistance or education and training
transaction, and, if so, a description of
such circumstances and the extent to which
such assistance or education and training
transaction should be continued (subject to
such conditions as Congress may impose under
this section), and
(II) on all the facts it is in the
national interest of the United States to
continue such assistance or education and
training transaction; and
(iv) such other information as such
committee may request.
(B) In the event a statement with respect to an
assistance or training transaction is requested pursuant to
subparagraph (A) of this paragraph but is not transmitted in
accordance therewith within 60 days after receipt of such
request, such assistance or training transaction shall be
suspended unless and until such statement is transmitted.
(C)(i) In the event a statement with respect to an
assistance or training transaction is transmitted under
subparagraph (A) of this paragraph, the Congress may at any
time thereafter adopt a joint resolution terminating or
restricting such assistance or training transaction.
(ii) Any such 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.\13\
\13\ Id.
(iii) The term ``certification'', as used in section 601
of such Act, means, for the purposes of this paragraph, a
statement transmitted under subparagraph (A) of this
paragraph. (Pub. L. 87-195, Pt. II, Sec. 505, formerly
Sec. 506, Sept. 4, 1961, 75 Stat. 436; Pub. L. 87-565, Pt.
II, Sec. 201(a), Aug. 1, 1962, 76 Stat. 259; Pub. L. 89-583,
Pt. II, Sec. 201(b), Sept. 19, 1966, 80 Stat. 803;
renumbered Sec. 505, Pub. L. 90-137, Pt. II, Sec. 201(e),
Nov. 14, 1967, 81 Stat. 456 and amended Pub. L. 92-226, Pt.
II, Sec. 201(b), (c), Feb. 7, 1972, 86 Stat. 25; Pub. L. 93-
189, Sec. 12(b)(3), Dec. 17, 1973, 87 Stat. 721; Pub. L. 94-
329, Title II, Sec. Sec. 203(b), 204(b)(2), Title III,
Sec. Sec. 302(a), 304(a), June 30, 1976, 90 Stat. 735 , 736,
751, 754; Pub. L. 95-105, Title I, Sec. 109(a)(4), Aug. 17,
1977, 91 Stat. 846; Pub. L. 99-83, Title I, Sec. 123(b),
Aug. 8, 1985, 99 Stat. 205; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 101-513, Title III, Nov. 5,
1990, 104 Stat. 1998; Pub. L. 103-236, Title I,
Sec. 162(e)(2), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-
437, Sec. 9(a)(6), Nov. 2, 1994, 108 Stat. 4588.)
Chapter 39--ARMS EXPORT CONTROL
365 Sec. 2753. Eligibility for defense services or defense
articles
(a) Prerequisites for consent by President; report to
Congress
No defense article or defense service shall be sold or
leased by the United States Government under this chapter to
any country or inter
[[Page 391]]
national organization, and no agreement shall be entered
into for a cooperative project (as defined in section 2767
of this title), 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 2767 of this title), to anyone not an
officer, employee, or agent of that country or international
organization (or the North Atlantic Treaty Organization or
the specified 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;
* * * * * * *
(c) Termination of credits, guaranties or sales; report of
violation by President; national security exception;
conditions for reinstatement
(1)(A) No credits (including participations in credits)
may be issued and no guaranties may be extended for any
foreign country under this chapter as hereinafter provided,
if such country uses defense articles or defense services
furnished under this chapter, or any predecessor Act, in
substantial violation (either in terms of quantities or in
terms of the gravity of the consequences regardless of the
quantities involved) of any agreement entered into pursuant
to any such Act (i) by using such articles or services for a
purpose not authorized under section 2754 of this title or,
if such agreement provides that such articles or services
may only be used for purposes more limited than those
authorized under section 2754 of this title for a purpose
not authorized under such agreement; (ii) by transferring
such articles or services to, or permitting any use of such
articles or services by, anyone not an officer, employee, or
agent of the recipient country without the consent of the
President; or (iii) by failing to maintain the security of
such articles or services.
(B) No cash sales or deliveries pursuant to previous
sales may be made with respect to any foreign country under
this chapter as hereinafter provided, if such country uses
defense articles or defense services furnished under this
chapter, or any predecessor Act, in substantial violation
(either in terms of quantity or in terms of the gravity of
the consequences regardless of the quantities involved) of
any agreement entered into pursuant to any such Act by using
such articles or services for a purpose not authorized under
section 2754 of this title or, if such agreement provides
that such articles or services may only be used for purposes
more limited than those authorized under section 2754 of
this title, for a purpose not authorized under such
agreement.
(2) The President shall report to the Congress promptly
upon the receipt of information that a violation described
in paragraph (1) of this subsection may have occurred.
(3)(A) A country shall be deemed to be ineligible under
subparagraph (A) of paragraph (1) of this subsection, or
both subparagraphs (A) and (B) of such paragraph in the case
of a violation described in both such paragraphs, if the
President so determines and so reports in writing to the
Congress, or if the Congress so determines by joint
resolution.
[[Page 392]]
(B) Notwithstanding a determination by the President of
ineligibility under subparagraph (B) of paragraph (1) of
this subsection, cash sales and deliveries pursuant to
previous sales may be made if the President certifies in
writing to the Congress that a termination thereof would
have significant adverse impact on United States security,
unless the Congress adopts or has adopted a joint resolution
pursuant to subparagraph (A) of this paragraph with respect
to such ineligibility.
(4) A country shall remain ineligible in accordance with
paragraph (1) of this subsection until such time as--
(A) the President determines that the
violation has ceased; and
(B) the country concerned has given
assurances satisfactory to the President that
such violation will not recur.
(d) Submission of written certification to Congress;
contents; classified material; effective date of
consent; report to Congress; transfers not subject to
procedures
(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
2314(a)(1) or 2314(a)(4) of this title, 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 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, the Committee on Foreign Affairs
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
[[Page 393]]
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.\14\
\14\ Id.
(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 of 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 2778 of this title or has
been exempted from the licensing requirements of this
chapter pursuant to a treaty referred to in section
2778(j)(1)(C)(i) of this title 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, the Committee on Foreign Affairs 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
[[Page 394]]
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.\15\
\15\ Id.
(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 or 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 2776(b) of this title
with regard to such lead-nation procurement
identified the transferees on whose behalf
the lead-nation procurement was proposed.
(Pub. L. 90-629, ch. 1, Sec. 3, Oct. 22,
1968, 82 Stat. 1322; Pub. L. 91-672, Sec. 1,
Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93-
189, Sec. 25(2), Dec. 17, 1973, 87 Stat.
729; Pub. L. 93-559, Sec. 45(a)(1), Dec. 30,
1974, 88 Stat. 1813; Pub. L. 94-329, Title
II, Sec. Sec. 203(a), 204(a), (b)(1), Title
III, Sec. 304(b), June 30, 1976, 90 Stat.
735, 736, 754, 755; Pub. L. 95-92,
Sec. Sec. 15-18, Aug. 4, 1977, 91 Stat. 622;
Pub. L. 96-92, Sec. 11, Oct. 29, 1979, 93
Stat. 705; Pub. L. 96-533, Title I,
Sec. 101, Dec. 16, 1980, 94 Stat. 3131; Pub.
L. 97-113, Title I, Sec. Sec. 101(a),
102(a), 109(b)(2), Dec. 29, 1981, 95 Stat.
1519, 1520, 1526; Pub. L. 99-83, Title I,
Sec. 115(b)(2), Title V, Sec. 503(b), Aug.
8, 1985, 99 Stat. 201, 221; Pub. L. 99-145,
Title XI, Sec. 1102(a)(3), (5), Nov. 8,
1985, 99 Stat. 710; Pub. L. 99-247,
Sec. 1(a), Feb. 12, 1986, 100 Stat. 9; Pub.
L. 99-661, div. A, Title XIII, Sec. 1342(e),
Nov. 14, 1986, 100 Stat. 3991; Pub. L. 100-
461, Title V, Sec. 577, Oct. 1, 1988, 102
Stat. 2268-45; Pub. L. 101-222, Sec. 2(b),
Dec. 12, 1989, 103 Stat. 1896; Pub. L. 103-
236, Title VIII, Sec. 822(a)(1), Apr. 30,
1994, 108 Stat. 511; Pub. L. 104-164, Title
I, Sec. Sec. 141(a), (b), 142, July 21,
1996, 110 Stat. 1430, 1431, 1433; Pub. L.
106-
[[Page 395]]
113, div. B, Sec. 1000(a)(7) [div. B, Title
XII, Sec. 1225], Nov. 29, 1999, 113 Stat.
1536 , 1501A-499; Pub. L. 107-228, div. B,
Title XIV, Sec. 1405(a)(1), Sept. 30, 2002,
116 Stat. 1456; Pub. L. 110-429, Title II,
Sec. 203(b)(1), (2), Oct. 15, 2008, 122
Stat. 4845 ; Pub. L. 111-266, Title I,
Sec. Sec. 102(a), 104(a), Title III,
Sec. 301, Oct. 8, 2010, 124 Stat. 2797,
2799, 2804; Pub. L. 113-276, Title II,
Sec. 208(a)(1), Dec. 18, 2014, 128 Stat.
2992.)
* * * * * * *
366 Sec. 2755. Discrimination prohibited if based on race,
religion, national origin, or sex
(a) Congressional declaration of policy
It is the policy of the United States that no sales
should be made, and no credits (including participations in
credits) or guaranties extended to or for any foreign
country, the laws, regulations, official policies, or
governmental practices of which prevent any United States
person (as defined in section 7701(a)(30) of title 26) from
participating in the furnishing of defense articles or
defense services under this chapter on the basis of race,
religion, national origin, or sex.
(b) Employment of personnel; required contractual provision
(1) No agency performing functions under this chapter
shall, in employing or assigning personnel to participate in
the performance of any such function, whether in the United
States or abroad, take into account the exclusionary
policies or practices of any foreign government where such
policies or practices are based upon race, religion,
national origin, or sex.
(2) Each contract entered into by any such agency for
the performance of any function under this chapter shall
contain a provision to the effect that no person,
partnership, corporation, or other entity performing
functions pursuant to such contract, shall, in employing or
assigning personnel to participate in the performance of any
such function, whether in the United States or abroad, take
into account the exclusionary policies or practices of any
foreign government where such policies or practices are
based upon race, religion, national origin, or sex.
(c) Report by President; contents
The President shall promptly transmit reports to the
Speaker of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
chairman of the Committee on Foreign Relations of the Senate
concerning any instance in which any United States person
(as defined in section 7701(a)(30) of title 26) is prevented
by a foreign government on the basis of race, religion,
national origin, or sex, from participating in the
performance of any sale or licensed transaction under this
chapter or any import or export under a treaty referred to
in section 2778(j)(1)(C)(i) of this title. Such reports
shall include (1) a description of the facts and
circumstances of any such discrimination, (2) the response
thereto on the part of the United States or any agency or
employee thereof, and (3) the result of such response, if
any.
[[Page 396]]
(d) Congressional request for information from President;
information required; 60 day period; failure to supply
information; termination or restriction of sale
(1) Upon the request of the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs
of the House of Representatives, the President shall, within
60 days after receipt of such request, transmit to both such
committees a statement, prepared with the assistance of the
Secretary of State, with respect to the country designated
in such request, setting forth--
(A) all the available information about the
exclusionary policies or practices of the
government of such country when such policies or
practices are based upon race, religion,
national origin or sex and prevent any such
person from participating in the performance of
any sale or licensed transaction under this
chapter;
(B) the response of the United States
thereto and the results of such response;
(C) whether, in the opinion of the
President, notwithstanding any such policies or
practices--
(i) extraordinary circumstances exist
which necessitate a continuation of such
sale or licensed transaction, and, if so, a
description of such circumstances and the
extent to which such sale or licensed
transaction should be continued (subject to
such conditions as Congress may impose under
this section), and
(ii) on all the facts it is in the
national interest of the United States to
continue such sale or licensed transaction;
and
(D) such other information as such committee
may request.
(2) In the event a statement with respect to a sale or
licensed transaction is requested pursuant to paragraph (1)
of this subsection but is not transmitted in accordance
therewith within 60 days after receipt of such request, such
sale or licensed transaction shall be suspended unless and
until such statement is transmitted.
(3)(A) In the event a statement with respect to a sale
or licensed transaction is transmitted under paragraph (1)
of this subsection, the Congress may at any time thereafter
adopt a joint resolution terminating or restricting such
sale or licensed transaction.
(B) Any such 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.
(C) The term ``certification'', as used in section 601
of such Act, means, for the purposes of this paragraph, a
statement transmitted under paragraph (1) of this
subsection. (Pub. L. 90-629, ch. 1, Sec. 5, as added Pub. L.
94-329, Title III, Sec. 302(b), June 30, 1976, 90 Stat. 752;
amended Pub. L. 95-105, Title I, Sec. 109(a)(5), Aug. 17,
1977, 91 Stat. 846; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 103-236, Title I, Sec. 162(f), Apr.
30, 1994, 108 Stat. 405; Pub. L. 103-437, Sec. 9(a)(7), Nov.
2, 1994, 108 Stat. 4588; Pub. L. 111-266, Title I,
Sec. 104(b), Oct. 8, 2010, 124 Stat. 2799; Pub. L. 113-276,
Title II, Sec. 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.)
367 Sec. 2776. Reports and certifications to Congress on
military exports
* * * * * * *
(1) Subject to paragraph (6), in the case of any letter
of offer to sell any defense articles or services under this
chapter for $50,000,000
[[Page 397]]
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, the Committee on Foreign Affairs 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 clauses * * * subsection (a) *
* *
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.
(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.\16\
\16\ Id.
(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
[[Page 398]]
by the appropriate committee shall be treated as highly
privileged in the House of Representatives.
* * * * * * *
(c) Application for export license; submission of numbered
Presidential certification and statement to Congress;
contents; emergency circumstances; joint resolution;
exception; notification of upgrades
* * * * * * *
(2) Unless the President states in his certification
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;
(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.
If the President states in his certification that an
emergency exists which requires the proposed export in the
national security interests of the United States, thus
waiving the requirements of subparagraphs (A) and (B) of
this paragraph, 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 export license and a
discussion of the national security interests involved.
(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.\17\
\17\ Id.
(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
[[Page 399]]
by the appropriate committee shall be treated as highly
privileged in the House of Representatives.
* * * * * * *
(d) Commercial technical assistance or manufacturing
licensing agreements with non-North Atlantic Treaty
Organization member countries; submission of
Presidential certification; contents
(1) In the case of an approval under section 2778 of
this title 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) 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 2778 of this title 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.\18\
\18\ Id.
(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. (Pub. L. 90-629, ch. 3, Sec. 36, Oct. 22,
1968, 82 Stat. 1326; Pub. L. 93-189, Sec. 25(10), Dec. 17,
1973, 87 Stat. 731; Pub. L. 93-559, Sec. 45(a)(5), Dec. 30,
1974, 88 Stat. 1814; Pub. L. 94-329, Title II, Sec. 211(a),
Title VI, Sec. 604(a), June 30, 1976, 90 Stat. 740, 766;
Pub. L. 95-384, Sec. 21, Sept. 26, 1978, 92 Stat. 741; Pub.
L.
[[Page 400]]
96-92, Sec. Sec. 16(b), 19(a), (c), 20(b), Oct. 29, 1979, 93
Stat. 708-710; Pub. L. 96-533, Title I, Sec. Sec. 105(c),
(d), 107(b), 109(f), Dec. 16, 1980, 94 Stat. 3134, 3136,
3138; Pub. L. 97-113, Title I, Sec. Sec. 101(c)-(e), 102(b),
109(d)(2), Dec. 29, 1981, 95 Stat. 1520 , 1526; Pub. L. 99-
83, Title I, Sec. Sec. 117, 118, Title XII, Sec. 1209(c),
Aug. 8, 1985, 99 Stat. 202, 203, 279; Pub. L. 99-247,
Sec. 1(b), (c), Feb. 12, 1986, 100 Stat. 9; Pub. L. 101-222,
Sec. Sec. 3(b), 7, Dec. 12, 1989, 103 Stat. 1896, 1899; Pub.
L. 103-236, Title VII, Sec. Sec. 732, 735(a), (b), Apr. 30,
1994, 108 Stat. 503, 505, 506; Pub. L. 103-437,
Sec. 9(a)(7), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 104-164,
Title I, Sec. Sec. 141(c), (d), 155, July 21, 1996, 110
Stat. 1431, 1432, 1440; Pub. L. 104-201, div. A, Title X,
Sec. 1045(a), Sept. 23, 1996, 110 Stat. 2644; Pub. L. 105-
277, div. G, subdiv. A, Title XII, Sec. 1225(a)(1), Oct. 21,
1998, 112 Stat. 2681-773; Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. B, Title XII, Sec. Sec. 1224, 1245,
Title XIII, Sec. Sec. 1301, 1302(b)], Nov. 29, 1999, 113
Stat. 1536, 1501A-498, 1501A-502, 1501A-510, 1501A-511; Pub.
L. 106-280, Title I, Sec. 102(c)(1), Oct. 6, 2000, 114 Stat.
849; Pub. L. 107-228, div. B, Title XII, Sec. Sec. 1205(a),
1262(c), Title XIV, Sec. 1405(a)(2), Sept. 30, 2002, 116
Stat. 1427, 1434, 1457; Pub. L. 110-429, Title II,
Sec. Sec. 201(d), 203(b)(1), Oct. 15, 2008, 122 Stat. 4843,
4845; Pub. L. 111-266, Title I, Sec. 104(d), Title III,
Sec. 301(1), Oct. 8, 2010, 124 Stat. 2799, 2804; Pub. L.
113-276, Title II, Sec. Sec. 201, 208(a)(1), Dec. 18, 2014,
128 Stat. 2990, 2992; Pub. L. 113-296, Sec. 11(b), Dec. 19,
2014, 128 Stat. 4078.)
* * * * * * *
368 Sec. 2780. Transactions with countries supporting acts of
international terrorism
* * * * * * *
(d) Countries covered by prohibition
The prohibitions contained in this section apply with
respect to a country if the Secretary of State determines
that the government of that country has repeatedly provided
support for acts of international terrorism. For purposes of
this subsection, such acts shall include all activities that
the Secretary determines willfully aid or abet the
international proliferation of nuclear explosive devices to
individuals or groups, willfully aid or abet an individual
or groups in acquiring unsafeguarded special nuclear
material, or willfully aid or abet the efforts of an
individual or group to use, develop, produce, stockpile, or
otherwise acquire chemical, biological, or radiological
weapons.
* * * * * * *
(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, the
Committee on Foreign Affairs 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 concerned;
(ii) that government is not supporting
acts of international terrorism; and
[[Page 401]]
(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. (Pub. L. 90-629, ch.
3, Sec. 40, as added Pub. L. 99-399, Title V, Sec. 509(a),
Aug. 27, 1986, 100 Stat. 874; amended Pub. L. 101-222,
Sec. 2(a), Dec. 12, 1989, 103 Stat. 1892; Pub. L. 102-138,
Title III, Sec. 321, Oct. 28, 1991, 105 Stat. 710; Pub. L.
103-236, Title VIII, Sec. 822(a)(2), Apr. 30, 1994, 108
Stat. 511; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B,
Title XIII, Sec. 1303], Nov. 29, 1999, 113 Stat. 1536,
1501A-511; Pub. L. 107-228, div. B, Title XII, Sec. 1204,
Sept. 30, 2002, 116 Stat. 1427; Pub. L. 111-195, Title I,
Sec. 107(a)(3), July 1, 2010, 124 Stat. 1337; Pub. L. 113-
276, Title II, Sec. 208(a)(1), Dec. 18, 2014, 128 Stat.
2992.)
* * * * * * *
369 Sec. 2796a. Reports to Congress
(a) Written certification to Speaker of the House and
chairmen of Congressional committees
Before entering into or renewing any agreement with a
foreign country or international organization to lease any
defense article under this subchapter, or to loan any
defense article under chapter 2 of part II of the Foreign
Assistance Act of 1961 [22 U.S.C. 2311 et seq.], 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;
[[Page 402]]
(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 chapter.
(b) Waiver; determination of emergency
The President may waive the requirements of this section
(and in the case of an agreement described in section 2796b
of this title, 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) Transmission of certification
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. (Pub. L. 90-629, ch. 6, Sec. 62, as
added Pub. L. 97-113, Title I, Sec. 109(a), Dec.
29, 1981, 95 Stat. 1525; amended Pub. L. 104-
164, Title I, Sec. 141(e)(1), July 21, 1996, 110
Stat. 1432; Pub. L. 110-429, Title II,
Sec. 203(b)(1), Oct. 15, 2008, 122 Stat. 4845;
Pub. L. 111-266, Title III, Sec. 301(1), Oct. 8,
2010, 124 Stat. 2804; Pub. L. 113-276, Title II,
Sec. 208(a)(4), Dec. 18, 2014, 128 Stat. 2993.)
370 Sec. 2796b. Legislative review procedures
(a) Applicability
(1) Subject to paragraph (2), in the case of any
agreement involving the lease under this subchapter, or the
loan under chapter 2 of part II of the Foreign Assistance
Act of 1961 [22 U.S.C. 2311 et seq.], 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 2796a(c)(1) or (2) of this
title, 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--
[[Page 403]]
(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) Consideration of resolution
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.\19\
\19\ Id.
(c) Highly privileged nature of resolution
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 joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House
of Representatives. (Pub. L. 90-629, ch. 6, Sec. 63, as
added Pub. L. 97-113, Title I, Sec. 109(a), Dec. 29, 1981,
95 Stat. 1525; amended Pub. L. 99-247, Sec. 1(d), Feb. 12,
1986, 100 Stat. 9; Pub. L. 104-164, Title I, Sec. 141(e)(2),
July 21, 1996, 110 Stat. 1433; Pub. L. 107-228, div. B,
Title XIV, Sec. 1405(a)(3), Sept. 30, 2002, 116 Stat. 1457;
Pub. L. 110-429, Title II, Sec. 203(b)(1), Oct. 15, 2008,
122 Stat. 4845; Pub. L. 111-266, Title III, Sec. 301(1),
Oct. 8, 2010, 124 Stat. 2804.)
371 Sec. 2799aa. Nuclear enrichment transfers
(a) Prohibitions; safeguards and management
Except as provided in subsection (b) of this section, no
funds made available to carry out the Foreign Assistance Act
of 1961 [22 U.S.C. 2151 et seq.] or this chapter may be used
for the purpose of providing economic assistance (including
assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 [22 U.S.C. 2346 et seq.]), providing
military assistance or grant military education and
training, providing assistance under chapter 6 of part II of
that Act [22 U.S.C. 2348 et seq.], or extending military
credits or making guarantees, to any country which the
President determines delivers nuclear enrichment equipment,
materials, or technology to any other country on or after
August 4, 1977, or receives such equipment, materials, or
technology from any other country on or after August 4,
1977, unless before such delivery--
(1) the supplying country and receiving
country have reached agreement to place all such
equipment, materials, or technology, upon
delivery, under multilateral auspices and
management when available; and
(2) the recipient country has entered into
an agreement with the International Atomic
Energy Agency to place all such equipment,
materials, technology, and all nuclear fuel and
facilities in such country under the safeguards
system of such Agency.
(b) Certification by President of necessity of continued
assistance; disapproval by Congress
(1) Notwithstanding subsection (a) of this section, the
President may furnish assistance which would otherwise be
prohibited under such subsection if he determines and
certifies in writing to the Speaker of the House of
Representatives, the Committee on Foreign Affairs of the
House
[[Page 404]]
of Representatives, and the Committee on Foreign Relations
of the Senate that--
(A) the termination of such assistance would
have a serious adverse effect on vital United
States interests; and
(B) he has received reliable assurances that
the country in question will not acquire or
develop nuclear weapons or assist other nations
in doing so.
Such certification shall set forth the reasons
supporting such determination in each particular case.
(2)(A) A certification under paragraph (1) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if,
within thirty calendar days after receiving this
certification, the Congress enacts a joint resolution
stating in substance that the Congress disapproves the
furnishing of assistance pursuant to the certification, then
upon the enactment of that resolution the certification
shall cease to be effective and all deliveries of assistance
furnished under the authority of that certification shall be
suspended immediately.
(B) 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.\20\
\20\ Id.
372 Sec. 2799aa-1. Nuclear reprocessing transfers, illegal
exports for nuclear explosive devices, transfers of
nuclear explosive devices, and nuclear detonations
(a) Prohibitions on assistance to countries involved in
transfer of nuclear reprocessing equipment, materials,
or technology; exceptions; procedures applicable
(1) Except as provided in paragraph (2) of this
subsection, no funds made available to carry out the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or this
chapter may be used for the purpose of providing economic
assistance (including assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et
seq.]), providing military assistance or grant military
education and training, providing assistance under chapter 6
of part II of that Act [22 U.S.C. 2348 et seq.], or
extending military credits or making guarantees, to any
country which the President determines--
(A) delivers nuclear reprocessing equipment,
materials, or technology to any other country on
or after August 4, 1977, or receives such
equipment, materials, or technology from any
other country on or after August 4, 1977 (except
for the transfer of reprocessing technology
associated with the investigation, under
international evaluation programs in which the
United States participates, of technologies
which are alternatives to pure plutonium
reprocessing), or
(B) is a non-nuclear-weapon state which, on
or after August 8, 1985, exports illegally (or
attempts to export illegally) from the United
States any material, equipment, or technology
which would contribute significantly to the
ability of such country to manufacture a nuclear
explosive device, if the President determines
that the material, equipment, or technology was
to be used by such country in the manufacture of
a nuclear explosive device.
[[Page 405]]
For purposes of clause (B), an export (or attempted export)
by a person who is an agent of, or is otherwise acting on
behalf of or in the interests of, a country shall be
considered to be an export (or attempted export) by that
country.
(2) Notwithstanding paragraph (1) of this subsection,
the President in any fiscal year may furnish assistance
which would otherwise be prohibited under that paragraph if
he determines and certifies in writing during that fiscal
year to the Speaker of the House of Representatives, the
Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate that the termination of such assistance would be
seriously prejudicial to the achievement of United States
nonproliferation objectives or otherwise jeopardize the
common defense and security. The President shall transmit
with such certification a statement setting forth the
specific reasons therefor.
(3)(A) A certification under paragraph (2) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if,
within 30 calendar days after receiving this certification,
the Congress enacts a joint resolution stating in substance
that the Congress disapproves the furnishing of assistance
pursuant to the certification, then upon the enactment of
that resolution the certification shall cease to be
effective and all deliveries of assistance furnished under
the authority of that certification shall be suspended
immediately.
(B) 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.\21\
\21\ Id.
* * * * * * *
(4)(A) Notwithstanding paragraph (1) of this subsection,
the President may, for a period of not more than 30 days of
continuous session, delay the imposition of sanctions which
would otherwise be required under paragraph (1)(A) or (1)(B)
of this subsection if the President first transmits to the
Speaker of the House of Representatives, and to the chairman
of the Committee on Foreign Relations of the Senate, a
certification that he has determined that an immediate
imposition of sanctions on that country would be detrimental
to the national security of the United States. Not more than
one such certification may be transmitted for a country with
respect to the same detonation, transfer, or receipt of a
nuclear explosive device.
(B) If the President transmits a certification to the
Congress under subparagraph (A), a joint resolution which
would permit the President to exercise the waiver authority
of paragraph (5) of this subsection shall, if introduced in
either House within thirty days of continuous session after
the Congress receives this certification, be considered in
the Senate in accordance with subparagraph (C) of this
paragraph.
(C) 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.\22\
\22\ Id.
(D) For purposes of this paragraph, the term ``joint
resolution'' means a joint resolution the matter after the
resolving clause of which is as
[[Page 406]]
follows: ``That the Congress having received on_____ a
certification by the President under section 102(b)(4) of
the Arms Export Control Act with respect to_____, the
Congress hereby authorizes the President to exercise the
waiver authority contained in section 102(b)(5) of that
Act.'', with the date of receipt of the certification
inserted in the first blank and the name of the country
inserted in the second blank.
(5) Notwithstanding paragraph (1) of this subsection, if
the Congress enacts a joint resolution under paragraph (4)
of this subsection, the President may waive any sanction
which would otherwise be required under paragraph (1)(A) or
(1)(B) if he determines and certifies in writing to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate that the imposition of such
sanction would be seriously prejudicial to the achievement
of United States nonproliferation objectives or otherwise
jeopardize the common defense and security. The President
shall transmit with such certification a statement setting
forth the specific reasons therefor.
(6)(A) In the event the President is required to impose
sanctions against a country under paragraph (1)(C) or
(1)(D), the President shall forthwith so inform such country
and shall impose the required sanctions beginning 30 days
after submitting to the Congress the report required by
paragraph (1) unless, and to the extent that, there is
enacted during the 30-day period a law prohibiting the
imposition of such sanctions.
(B) Notwithstanding any other provision of law, the
sanctions which are required to be imposed against a country
under paragraph (1)(C) or (1)(D) shall not apply if the
President determines and certifies in writing to the
Committee on Foreign Relations and the Committee on
Governmental Affairs of the Senate and the Committee on
Foreign Affairs of the House of Representatives that the
application of such sanctions against such country would
have a serious adverse effect on vital United States
interests. The President shall transmit with such
certification a statement setting forth the specific reasons
therefor.
(7) For purposes of this subsection, continuity of
session is broken only by an adjournment of Congress sine
die and the days on which either House is not in session
because of an adjournment of more than three days to a day
certain are excluded in the computation of any period of
time in which Congress is in continuous session. (Pub. L.
90-629, ch. 10, Sec. 102, as added Pub. L. 103-236, Title
VIII, Sec. 826(a), Apr. 30, 1994, 108 Stat. 516; amended
Pub. L. 105-194, Sec. 2(a)-(c), July 14, 1998, 112 Stat.
627; Pub. L. 113-276, Title II, Sec. 208(a)(1), Dec. 18,
2014, 128 Stat. 2992.)
* * * * * * *
Chapter 47--NUCLEAR NON-PROLIFERATION
373 Sec. 3224a. Studies and agreements by Secretary of Energy on
multinational or international basis concerning spent
fuel storage facilities and transportation systems;
congressional consent; authorization of appropriations;
limitations on use of funds; exceptions; special nuclear
material for India
* * * * * * *
That, notwithstanding any other provision of law, that
none of the funds appropriated pursuant to this Act or any
other funds made available to the Secretary of Energy under
any other authorization or appro
[[Page 407]]
priation Act shall be used, directly or indirectly, for the
repurchase, transportation, or storage of any such foreign
spent nuclear fuel for storage or other disposition, interim
or permanent, in the United States, unless the use of the
funds for that specific purpose has been (1) previously and
expressly authorized by Congress in legislation hereafter
enacted, (2) previously and expressly authorized by a
concurrent resolution, or (3) the President submits a plan
for such use, with the report information specified herein,
thirty days during which the Congress is in continuous
session, as defined in the Impoundment Control Act of 1974
[2 U.S.C. 681 et seq.], prior to such use and neither House
of Congress approves a resolution of disapproval of the plan
prior to the expiration of the aforementioned thirty-day
period. If such a resolution of disapproval has been
introduced, but has not been reported by the Committee on or
before the twentieth day after transmission of the
Presidential message, a privileged motion shall be in order
in the respective body to discharge the Committee from
further consideration of the resolution and to provide for
its immediate consideration, using the procedures specified
for consideration of an impoundment resolution in section
1017 of the Impoundment Control Act of 1974 (31 U.S.C. 1407)
[2 U.S.C. 688]. (Pub. L. 95-238, Title I, Sec. 107, Feb. 25,
1978, 92 Stat. 55; Pub. L. 103-437, Sec. 9(c), Nov. 2, 1994,
108 Stat. 4588.)
* * * * * * *
Chapter 66--UNITED STATES-HONG KONG POLICY
374 Sec. 5701 note. Hong Kong Autonomy Act
* * * * * * *
Sec. 6. Sanctions with Respect to Foreign Persons that
Contravene the Obligations of China Under the Joint
Declaration or the Basic Law.
(a) Imposition of Sanctions.--
(1) In General.--On and after the date on
which a foreign person is included in the report
under section 5(a) or an update to that report
under section 5(e), the President may impose
sanctions described in subsection (b) with
respect to that foreign person.
(2) Mandatory Sanctions.--Not later than one
year after the date on which a foreign person is
included in the report under section 5(a) or an
update to that report under section5(e), the
President shall impose sanctions described in
subsection (b) with respect to that foreign
person.
* * * * * * *
Sec. 7. Sanctions with Respect to Foreign Financial
Institutions that Conduct Significant Transactions with
Foreign Persons that Contravene the Obligations of China
Under the Joint Declaration or the Basic Law.
(a) Imposition of Sanctions.
(1) Initial Sanctions.--Not later than one
year after the date on which a foreign financial
institution is included in the report under
section 5(b) or an update to that report under
section 5(e), the President shall impose not
fewer than 5 of the sanctions described in
subsection (b) with respect to that foreign
financial institution.
[[Page 408]]
(2) Expanded Sanctions.--Not later than two
years after the date on which a foreign
financial institution is included in the report
under section 5(b) or an update to that report
under section 5(e), the President shall impose
each of the sanctions described in subsection
(b).
* * * * * * *
Sec. 8. Waiver, Termination, Exceptions, and Congressional
Review Process.
(a) National Security Waiver.--Unless a disapproval
resolution is enacted under subsection (e), the President
may waive the application of sanctions under section 6 or 7
with respect to a foreign person or foreign financial
institution if the President--
(1) determines that the waiver is in the
national security interest of the United States;
and
(2) submits to the appropriate congressional
committees and leadership a report on the
determination and the reasons for the
determination.
(b) Termination of Sanctions and Removal from Report.--
Unless a disapproval resolution is enacted under
subsection (e), the President may terminate the application
of sanctions under section 6 or 7 with respect to a foreign
person or foreign financial institution and remove the
foreign person from the report required under section 5(a)
or the foreign financial institution from the report
required under section 5(b), as the case may be, if the
Secretary of State, in consultation with the Secretary of
the Treasury, determines that the actions taken by the
foreign person or foreign financial institution that led to
the imposition of sanctions--
(1) do not have a significant and lasting
negative effect that contravenes the obligations
of China under the Joint Declaration and the
Basic Law;
(2) are not likely to be repeated in the
future; and
(3) have been reversed or otherwise
mitigated through positive countermeasures taken
by that foreign person or foreign financial
institution.
(c) Termination of Act.--
(1) Report.--
(A) In General.--Not later than July 1,
2046, the President, in consultation with
the Secretary of State, the Secretary of the
Treasury, and the heads of such other
Federal agencies as the President considers
appropriate, shall submit to Congress a
report evaluating the implementation of this
Act and sanctions imposed pursuant to this
Act.
(B) Elements.--The President shall
include in the report submitted under
subparagraph (A) an assessment of whether
this Act and the sanctions imposed pursuant
to this Act should be terminated.
(2) Termination.--This Act and the sanctions
imposed pursuant to this Act shall remain in
effect unless a termination resolution is
enacted under subsection (e) after July 1, 2047.
(d) Exception Relating to Importation of Goods.--
[[Page 409]]
(1) In General.--The authorities and
requirements to impose sanctions under sections
6 and 7 shall not include the authority or
requirement to impose sanctions on the
importation of goods.
(2) Good Defined.--In this subsection, the
term ``good'' means any article, natural or
manmade substance, material, supply, or
manufactured product, including inspection and
test equipment, and excluding technical data.
(e) Congressional Review.--
(1) Resolutions.--
(A) Disapproval resolution.--In this
section, the term `disapproval resolution'
means only a joint resolution of either
House of Congress--
(i) the title of which is as
follows: `A joint resolution
disapproving the waiver or
termination of sanctions with
respect to a foreign person that
contravenes the obligations of China
with respect to Hong Kong or a
foreign financial institution that
conducts a significant transaction
with that person.'; and
(ii) the sole matter after the
resolving clause of which is the
following: `Congress disapproves of
the action under section 8 of the
Hong Kong Autonomy Act relating to
the application of sanctions imposed
with respect to a foreign person
that contravenes the obligations of
China with respect to Hong Kong, or
a foreign financial institution that
conducts a significant transaction
with that person, on ------------
relating to ------------.', with the
first blank space being filled with
the appropriate date and the second
blank space being filled with a
short description of the proposed
action.
(B) Termination resolution.--In this
section, the term `termination resolution'
means only a joint resolution of either
House of Congress--
(i) the title of which is as
follows: `A joint resolution
terminating sanctions with respect
to foreign persons that contravene
the obligations of China with
respect to Hong Kong and foreign
financial institutions that conduct
significant transactions with those
persons.'; and
(ii) the sole matter after the
resolving clause of which is the
following: `The Hong Kong Autonomy
Act and any sanctions imposed
pursuant to that Act shall terminate
on ------------.', with the blank
space being filled with the
termination date.
(C) Covered resolution.--In this
subsection, the term `covered resolution'
means a disapproval resolution or a
termination resolution.
(2) Introduction.--A covered resolution may
be introduced--(A) in the House of
Representatives, by the majority leader or the
minority leader; and(B) in the Senate, by the
majority leader (or the majority leader's
designee) or the minority leader (or the
minority leader's designee).
(3) Floor consideration in House of
Representatives.--If a committee of the House of
Representatives to which a covered resolution
has been referred has not reported the
resolution within 10 legisla
[[Page 410]]
tive days after the date of referral, that
committee shall be discharged from further
consideration of the resolution.
(4) Consideration in the Senate.--
(A) Committee referral.--
(i) Disapproval resolution.--A
disapproval resolution introduced in
the Senate shall be--
(I) referred to the Committee
on Banking, Housing, and Urban
Affairs if the resolution relates to
an action that is not intended to
significantly alter United States
foreign policy with regard to China;
and
(II) referred to the Committee
on Foreign Relations if the
resolution relates to an action that
is intended to significantly alter
United States foreign policy with
regard to China.
(ii) Termination resolution.--A
termination resolution introduced in
the Senate shall be referred to the
Committee on Banking, Housing, and
Urban Affairs and the Committee on
Foreign Relations.
(B) Reporting and discharge.--If a
committee to which a covered resolution was
referred has not reported the resolution
within 10 legislative days after the date of
referral of the resolution, that committee
shall be discharged from further
consideration of the resolution and the
resolution shall be placed on the
appropriate calendar.
(C) Proceeding to consideration.--
Notwithstanding Rule XXII of the Standing
Rules of the Senate, it is in order at any
time after the Committee on Banking,
Housing, and Urban Affairs or the Committee
on Foreign Relations, as the case may be,
reports a covered resolution to the Senate
or has been discharged from consideration of
such a resolution (even though a previous
motion to the same effect has been disagreed
to) to move to proceed to the consideration
of the resolution, and all points of order
against the resolution (and against
consideration of the resolution) are waived.
The motion to proceed is not debatable. The
motion is not subject to a motion to
postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed
to shall not be in order.
(D) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the rules of
the Senate, as the case may be, to the
procedure relating to a covered resolution
shall be decided without debate.
(E) Consideration of veto messages.--
Debate in the Senate of any veto message
with respect to a covered resolution,
including all debatable motions and appeals
in connection with the resolution, shall be
limited to 10 hours, to be equally divided
between, and controlled by, the majority
leader and the minority leader or their
designees.
(5) Rules relating to Senate and House of
Representatives.--
(A) Treatment of Senate Resolution in
House.--In the House of Representatives, the
following procedures shall apply to a
covered resolution received from the Senate
(unless the House has already passed a
resolution relating to the same proposed
action):
[[Page 411]]
(i) The resolution shall be
referred to the appropriate
committees.
(ii) If a committee to which a
resolution has been referred has not
reported the resolution within 10
legislative days after the date of
referral, that committee shall be
discharged from further
consideration of the resolution.
(iii) Beginning on the third
legislative day after each committee
to which a resolution has been
referred reports the resolution to
the House or has been discharged
from further consideration thereof,
it shall be in order to move to
proceed to consider the resolution
in the House. All points of order
against the motion are waived. Such
a motion shall not be in order after
the House has disposed of a motion
to proceed on the resolution. The
previous question shall be
considered as ordered on the motion
to its adoption without intervening
motion. The motion shall not be
debatable. A motion to reconsider
the vote by which the motion is
disposed of shall not be in order.
(iv) The resolution shall be
considered as read. All points of
order against the resolution and
against its consideration are
waived. The previous question shall
be considered as ordered on the
resolution to final passage without
intervening motion except 2 hours of
debate equally divided and
controlled by the offeror of the
motion to proceed (or a designee)
and an opponent. A motion to
reconsider the vote on passage of
the resolution shall not be in
order.
(B) Treatment of House Resolution in
Senate.--
(i) Received before passage of
Senate resolution.--If, before the
passage by the Senate of a covered
resolution, the Senate receives an
identical resolution from the House
of Representatives, the following
procedures shall apply:
(I) That resolution shall not
be referred to a committee.
(II) With respect to that
resolution--
(aa) the procedure in the
Senate shall be the same as if no
resolution had been received from
the House of Representatives; but
(bb) the vote on passage
shall be on the resolution from the
House of Representatives.
(ii) Received after passage of
Senate resolution.--If, following
passage of a covered resolution in
the Senate, the Senate receives an
identical resolution from the House
of Representatives, that resolution
shall be placed on the appropriate
Senate calendar.
(iii) No Senate companion.--If a
covered resolution is received from
the House of Representatives, and no
companion resolution has been
introduced in the Senate, the Senate
procedures under this subsection
shall apply to the resolution from
the House of Representatives.
(C) Application to revenue measures.--
The provisions of this paragraph shall not
apply in the House of Representatives to a
covered resolution that is a revenue
measure.
(6) Rules of House of Representatives and
Senate.--This subsection is enacted by
Congress--
[[Page 412]]
(A) as an exercise of the rulemaking
power of the Senate and the House of
Representatives, respectively, and as such
is deemed a part of the rules of each House,
respectively, and supersedes other rules
only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the
constitutional right of either House to
change the rules (so far as relating to the
procedure of that House) at any time, in the
same manner, and to the same extent as in
the case of any other rule of that House.
(Pub. L. 116-149, Sec. Sec. 6, 7, 8, July,
14, 2020, 134 Stat. 673, 677.)
* * * * * * *
Chapter 69a--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY
(LIBERTAD)
375 Sec. 6064. Termination of economic embargo of Cuba
(a) Presidential actions
Upon submitting a determination to the appropriate
congressional committees under section 6063(c)(1) of this
title that a transition government in Cuba is in power, the
President, after consultation with the Congress, is
authorized to take steps to suspend the economic embargo of
Cuba and to suspend the right of action created in section
6082 of this title with respect to actions thereafter filed
against the Cuban Government, to the extent that such steps
contribute to a stable foundation for a democratically
elected government in Cuba.
(b) Suspension of certain provisions of law
In carrying out subsection (a), the President may
suspend the enforcement of--
(1) section 2370(a) of this title;
(2) section 2370(f) of this title with
respect to the ``Republic of Cuba'';
(3) sections 6003, 6004(d), and 6005 of this
title;
(4) section 902(c) of the Food Security Act
of 1985; and
(5) the prohibitions on transactions
described in part 515 of title 31, Code of
Federal Regulations.
(c) Additional Presidential actions
Upon submitting a determination to the appropriate
congressional committees under section 6063(c)(3) of this
title that a democratically elected government in Cuba is in
power, the President shall take steps to terminate the
economic embargo of Cuba, including the restrictions under
part 515 of title 31, Code of Federal Regulations.
(d) Conforming amendments
On the date on which the President submits a
determination under section 6063(c)(3) of this title--
(1) section 2370(a) of this title is
repealed;
(2) section 2370(f) of this title is amended
by striking ``Republic of Cuba'';
(3) sections 6003, 6004(d), and 6005 of this
title are repealed; and
(4) section 902(c) of the Food Security Act
of 1985 is repealed.
[[Page 413]]
(e) Review of suspension of economic embargo
(1) Review
If the President takes action under
subsection (a) to suspend the economic embargo
of Cuba, the President shall immediately so
notify the Congress. The President shall report
to the Congress no less frequently than every 6
months thereafter, until he submits a
determination under section 6063(c)(3) of this
title that a democratically elected government
in Cuba is in power, on the progress being made
by Cuba toward the establishment of such a
democratically elected government. The action of
the President under subsection (a) shall cease
to be effective upon the enactment of a joint
resolution described in paragraph (2).
(2) Joint resolutions
For purposes of this subsection, the term
``joint resolution'' means only a joint
resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as
follows: ``That the Congress disapproves the
action of the President under section 204(a) of
the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 to suspend the economic
embargo of Cuba, notice of which was submitted
to the Congress on_____.'', with the blank space
being filled with the appropriate date.
(3) Referral to committees
Joint resolutions introduced in the House of
Representatives shall be referred to the
Committee on International Relations and joint
resolutions introduced in the Senate shall be
referred to the Committee on Foreign Relations.
(4) Procedures
(A) Any 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.\23\
\23\ Id.
(B) For the purpose of expediting the
consideration and enactment of joint
resolutions, a motion to proceed to the
consideration of any joint resolution after it
has been reported by the appropriate committee
shall be treated as highly privileged in the
House of Representatives.
(C) Not more than 1 joint resolution may be
considered in the House of Representatives and
the Senate in the 6-month period beginning on
the date on which the President notifies the
Congress under paragraph (1) of the action taken
under subsection (a), and in each 6-month period
thereafter. (Pub. L. 104-114, Title II,
Sec. 204, Mar. 12, 1996, 110 Stat. 810.)
Chapter 102--COUNTERING RUSSIAN INFLUENCE IN EUROPE AND
EURASIA
376 Sec. 9511. Congressional review of certain actions relating
to sanctions imposed with respect to the Russian
Federation
(a) Submission to Congress of proposed action
(1) In general
Notwithstanding any other provision of law,
before taking any action described in paragraph
(2), the President shall submit to
[[Page 414]]
the appropriate congressional committees and
leadership a report that describes the proposed
action and the reasons for that action.
(2) Actions described
(A) In general
An action described in this paragraph
is--
(i) an action to terminate the
application of any sanctions
described in subparagraph (B);
(ii) with respect to sanctions
described in subparagraph (B)
imposed by the President with
respect to a person, an action to
waive the application of those
sanctions with respect to that
person; or
(iii) a licensing action that
significantly alters United States'
1 foreign policy with regard to the
Russian Federation.
(B) Sanctions described
The sanctions described in this
subparagraph are--
(i) sanctions provided for
under--
(I) this chapter or any
provision of law amended by this
title, including the Executive
orders codified under section 9522
of this title;
(II) the Support for the
Sovereignty, Integrity, Democracy,
and Economic Stability of Ukraine
Act of 2014 (22 U.S.C. 8901 et
seq.); or
(III) the Ukraine Freedom
Support Act of 2014 (22 U.S.C. 8921
et seq.); and
(ii) the prohibition on access
to the properties of the Government
of the Russian Federation located in
Maryland and New York that the
President ordered vacated on
December 29, 2016.
(3) Description of type of action
Each report submitted under paragraph (1)
with respect to an action described in paragraph
(2) shall include a description of whether the
action--
(A) is not intended to significantly
alter United States foreign policy with
regard to the Russian Federation; or
(B) is intended to significantly alter
United States foreign policy with regard to
the Russian Federation.
(4) Inclusion of additional matter
(A) In general
Each report submitted under paragraph
(1) that relates to an action that is
intended to significantly alter United
States foreign policy with regard to the
Russian Federation shall include a
description of--
(i) the significant alteration
to United States foreign policy with
regard to the Russian Federation;
(ii) the anticipated effect of
the action on the national security
interests of the United States; and
(iii) the policy objectives for
which the sanctions affected by the
action were initially imposed.
(B) Requests from banking and financial
services committees
The Committee on Banking, Housing, and
Urban Affairs of the Senate or the Committee
on Financial Services of the House
[[Page 415]]
of Representatives may request the
submission to the Committee of the matter
described in clauses (ii) and (iii) of
subparagraph (A) with respect to a report
submitted under paragraph (1) that relates
to an action that is not intended to
significantly alter United States foreign
policy with regard to the Russian
Federation.
(5) Confidentiality of proprietary information
Proprietary information that can be
associated with a particular person with respect
to an action described in paragraph (2) may be
included in a report submitted under paragraph
(1) only if the appropriate congressional
committees and leadership provide assurances of
confidentiality, unless such person otherwise
consents in writing to such disclosure.
(6) Rule of construction
Paragraph (2)(A)(iii) shall not be construed
to require the submission of a report under
paragraph (1) with respect to the routine
issuance of a license that does not
significantly alter United States foreign policy
with regard to the Russian Federation.
(b) Period for review by Congress
(1) In general
During the period of 30 calendar days
beginning on the date on which the President
submits a report under subsection (a)(1)--
(A) in the case of a report that relates
to an action that is not intended to
significantly alter United States foreign
policy with regard to the Russian
Federation, the Committee on Banking,
Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the
House of Representatives should, as
appropriate, hold hearings and briefings and
otherwise obtain information in order to
fully review the report; and
(B) in the case of a report that relates
to an action that is intended to
significantly alter United States foreign
policy with regard to the Russian
Federation, the Committee on Foreign
Relations of the Senate and the Committee on
Foreign Affairs of the House of
Representatives should, as appropriate, hold
hearings and briefings and otherwise obtain
information in order to fully review the
report.
(2) Exception
The period for congressional review under
paragraph (1) of a report required to be
submitted under subsection (a)(1) shall be 60
calendar days if the report is submitted on or
after July 10 and on or before September 7 in
any calendar year.
(3) Limitation on actions during initial congressional
review period
Notwithstanding any other provision of law,
during the period for congressional review
provided for under paragraph (1) of a report
submitted under subsection (a)(1) proposing an
action described in subsection (a)(2), including
any additional period for such review as
applicable under the exception provided in
paragraph (2), the President may not take that
action unless a joint resolution of approval
with respect to that action is enacted in
accordance with subsection (c).
[[Page 416]]
(4) Limitation on actions during presidential
consideration of a joint resolution of disapproval
Notwithstanding any other provision of law,
if a joint resolution of disapproval relating to
a report submitted under subsection (a)(1)
proposing an action described in subsection
(a)(2) passes both Houses of Congress in
accordance with subsection (c), the President
may not take that action for a period of 12
calendar days after the date of passage of the
joint resolution of disapproval.
(5) Limitation on actions during congressional
reconsideration of a joint resolution of disapproval
Notwithstanding any other provision of law,
if a joint resolution of disapproval relating to
a report submitted under subsection (a)(1)
proposing an action described in subsection
(a)(2) passes both Houses of Congress in
accordance with subsection (c), and the
President vetoes the joint resolution, the
President may not take that action for a period
of 10 calendar days after the date of the
President's veto.
(6) Effect of enactment of a joint resolution of
disapproval
Notwithstanding any other provision of law,
if a joint resolution of disapproval relating to
a report submitted under subsection (a)(1)
proposing an action described in subsection
(a)(2) is enacted in accordance with subsection
(c), the President may not take that action.
(c) Joint resolutions of disapproval or approval defined
In this subsection:
(1) Joint resolution of approval
The term ``joint resolution of approval''
means only a joint resolution of either House of
Congress--
(A) the title of which is as follows:
``A joint resolution approving the
President's proposal to take an action
relating to the application of certain
sanctions with respect to the Russian
Federation.''; and
(B) the sole matter after the resolving
clause of which is the following: ``Congress
approves of the action relating to the
application of sanctions imposed with
respect to the Russian Federation proposed
by the President in the report submitted to
Congress under section 216(a)(1) of the
Russia Sanctions Review Act of 2017 on_____
relating to_____.'', with the first blank
space being filled with the appropriate date
and the second blank space being filled with
a short description of the proposed action.
(2) Joint resolution of disapproval
The term ``joint resolution of disapproval''
means only a joint resolution of either House of
Congress--
(A) the title of which is as follows:
``A joint resolution disapproving the
President's proposal to take an action
relating to the application of certain
sanctions with respect to the Russian
Federation.''; and
(B) the sole matter after the resolving
clause of which is the following: ``Congress
disapproves of the action relating to the
application of sanctions imposed with
respect to the Russian Federation proposed
by the President in the report submitted to
Congress under section 216(a)(1) of the
Russia Sanctions Review Act of 2017 on_____
relating to_____.'', with the
[[Page 417]]
first blank space being filled with the
appropriate date and the second blank space
being filled with a short description of the
proposed action.
(3) Introduction
During the period of 30 calendar days
provided for under subsection (b)(1), including
any additional period as applicable under the
exception provided in subsection (b)(2), a joint
resolution of approval or joint resolution of
disapproval may be introduced--
(A) in the House of Representatives, by
the majority leader or the minority leader;
and
(B) in the Senate, by the majority
leader (or the majority leader's designee)
or the minority leader (or the minority
leader's designee).
(4) Floor consideration in House of Representatives
If a committee of the House of
Representatives to which a joint resolution of
approval or joint resolution of disapproval has
been referred has not reported the joint
resolution within 10 calendar days after the
date of referral, that committee shall be
discharged from further consideration of the
joint resolution.
(5) Consideration in the Senate
(A) Committee referral
A joint resolution of approval or joint
resolution of disapproval introduced in the
Senate shall be--
(i) referred to the Committee on
Banking, Housing, and Urban Affairs
if the joint resolution relates to a
report under subsection (a)(3)(A)
that relates to an action that is
not intended to significantly alter
United States foreign policy with
regard to the Russian Federation;
and
(ii) referred to the Committee
on Foreign Relations if the joint
resolution relates to a report under
subsection (a)(3)(B) that relates to
an action that is intended to
significantly alter United States
foreign policy with respect to the
Russian Federation.
(B) Reporting and discharge
If the committee to which a joint
resolution of approval or joint resolution
of disapproval was referred has not reported
the joint resolution within 10 calendar days
after the date of referral of the joint
resolution, that committee shall be
discharged from further consideration of the
joint resolution and the joint resolution
shall be placed on the appropriate calendar.
(C) Proceeding to consideration
Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order
at any time after the Committee on Banking,
Housing, and Urban Affairs or the Committee
on Foreign Relations, as the case may be,
reports a joint resolution of approval or
joint resolution of disapproval to the
Senate or has been discharged from
consideration of such a joint resolution
(even though a previous motion to the same
effect has been disagreed to) to move to
proceed to the consideration of the joint
resolution, and all points of order against
the joint resolution (and against
consideration of the joint resolution) are
waived. The motion to proceed is not
debatable. The motion is not subject to a
motion to postpone. A motion to reconsider
the vote by
[[Page 418]]
which the motion is agreed to or disagreed
to shall not be in order.
(D) Rulings of the chair on procedure
Appeals from the decisions of the Chair
relating to the application of the rules of
the Senate, as the case may be, to the
procedure relating to a joint resolution of
approval or joint resolution of disapproval
shall be decided without debate.
(E) Consideration of veto messages
Debate in the Senate of any veto message
with respect to a joint resolution of
approval or joint resolution of disapproval,
including all debatable motions and appeals
in connection with the joint resolution,
shall be limited to 10 hours, to be equally
divided between, and controlled by, the
majority leader and the minority leader or
their designees.
(6) Rules relating to Senate and House of
Representatives
(A) Treatment of Senate joint resolution in
House
In the House of Representatives, the
following procedures shall apply to a joint
resolution of approval or a joint resolution
of disapproval received from the Senate
(unless the House has already passed a joint
resolution relating to the same proposed
action):
(i) The joint resolution shall
be referred to the appropriate
committees.
(ii) If a committee to which a
joint resolution has been referred
has not reported the joint
resolution within 2 calendar days
after the date of referral, that
committee shall be discharged from
further consideration of the joint
resolution.
(iii) Beginning on the third
legislative day after each committee
to which a joint resolution has been
referred reports the joint
resolution to the House or has been
discharged from further
consideration thereof, it shall be
in order to move to proceed to
consider the joint resolution in the
House. All points of order against
the motion are waived. Such a motion
shall not be in order after the
House has disposed of a motion to
proceed on the joint resolution. The
previous question shall be
considered as ordered on the motion
to its adoption without intervening
motion. The motion shall not be
debatable. A motion to reconsider
the vote by which the motion is
disposed of shall not be in order.
(iv) The joint resolution shall
be considered as read. All points of
order against the joint resolution
and against its consideration are
waived. The previous question shall
be considered as ordered on the
joint resolution to final passage
without intervening motion except 2
hours of debate equally divided and
controlled by the sponsor of the
joint resolution (or a designee) and
an opponent. A motion to reconsider
the vote on passage of the joint
resolution shall not be in order.
(B) Treatment of House joint resolution in
Senate
(i) If, before the passage by
the Senate of a joint resolution of
approval or joint resolution of
disapproval, the Sen
[[Page 419]]
ate receives an identical joint
resolution from the House of
Representatives, the following
procedures shall apply:
(I) That joint resolution
shall not be referred to a
committee.
(II) With respect to that
joint resolution--
(aa) the procedure in the
Senate shall be the same as if no
joint resolution had been received
from the House of Representatives;
but
(bb) the vote on passage
shall be on the joint resolution
from the House of Representatives.
(ii) If, following passage of a
joint resolution of approval or
joint resolution of disapproval in
the Senate, the Senate receives an
identical joint resolution from the
House of Representatives, that joint
resolution shall be placed on the
appropriate Senate calendar.
(iii) If a joint resolution of
approval or a joint resolution of
disapproval is received from the
House, and no companion joint
resolution has been introduced in
the Senate, the Senate procedures
under this subsection shall apply to
the House joint resolution.
(C) Application to revenue measures
The provisions of this paragraph shall
not apply in the House of Representatives to
a joint resolution of approval or joint
resolution of disapproval that is a revenue
measure.
(7) Rules of House of Representatives and Senate
This subsection is enacted by Congress--
(A) as an exercise of the rulemaking
power of the Senate and the House of
Representatives, respectively, and as such
is deemed a part of the rules of each House,
respectively, and supersedes other rules
only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the
constitutional right of either House to
change the rules (so far as relating to the
procedure of that House) at any time, in the
same manner, and to the same extent as in
the case of any other rule of that House.
(d) Appropriate congressional committees and leadership
defined
In this section, the term ``appropriate congressional
committees and leadership'' means--
(1) the Committee on Banking, Housing, and
Urban Affairs, the Committee on Foreign
Relations, and the majority and minority leaders
of the Senate; and
(2) the Committee on Financial Services, the
Committee on Foreign Affairs, and the Speaker,
the majority leader, and the minority leader of
the House of Representatives. (Pub. L. 115-44,
Title II, Sec. 216, Aug. 2, 2017, 131 Stat.
900.)
26 u.s.c.--internal revenue code
united states senate procedures enacted in law