Sec. 202. Congressional review and approval of certain sales, exports, leases, and loans of defense articles and services
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Section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) is amended— by redesignating subsections (e), (f), (g), (h), and
(i)as subsections (f), (g), (h), (i), and (j), respectively; and by inserting after subsection
(d)the following: Except as provided in paragraph
(3)and subject to paragraph (4)— no letter of offer to sell any defense articles or services described in paragraph
(2)may be issued under this Act with respect to a proposed sale to a foreign country or international organization unless— the President transmits to Congress a numbered certification with respect to the letter of offer containing the information described in paragraphs
(1)and
(4)of subsection (b); and there is enacted into law a joint resolution of approval under paragraph
(5)with respect to the letter of offer; no license may be issued under this Act (other than with regard to a sale under section 21 or 22 of this Act), including under section 38 of this Act, for the export of any defense articles or services described in paragraph
(2)with respect to a proposed export to a foreign country or international organization unless— the President transmits to Congress an unclassified numbered certification with respect to the license containing the information described in subsection (c)(1); and there is enacted into law a joint resolution of approval under paragraph
(5)with respect to the license; and no agreement to lease defense articles described in paragraph
(2)may be entered into under chapter 6 of this Act with respect to a proposed lease to a foreign country, or to loan defense articles under chapter 2 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311 et seq. ) with respect to a proposed loan to a foreign country, unless— the President transmits to Congress a written certification with respect to the agreement containing the information described in section 62(a); and there is enacted into law a joint resolution of approval under paragraph
(5)with respect to the agreement. Defense articles and services described in this paragraph are the following: Firearms and ammunition of $1,000,000 or more. Air to ground munitions of $14,000,000 or more. Tanks, armored vehicles, and related munitions of $14,000,000 or more. Fixed and rotary, manned or unmanned aircraft of $14,000,000 or more. Services or training of $14,000,000 or more. The requirements of subparagraphs (A)(ii), (B)(ii), and (C)(ii) of paragraph
(1)shall not apply with respect to a proposed sale, export, lease, or loan of defense articles or services to the North Atlantic Treaty Organization (NATO), any member country of NATO, Australia, Japan, the Republic of Korea, Israel, New Zealand, or Taiwan if a joint resolution of approval under paragraph
(5)with respect to the sale, export, lease, or loan is not introduced in either House of Congress during the 15-day period beginning on the date on which Congress receives a numbered certification under subparagraph (A)(i) with respect to the sale, an unclassified numbered certification under subparagraph (B)(i) with respect to the export, or a written certification under subparagraph (C)(i) with respect to the lease or loan. The requirement that a joint resolution of approval be enacted into law for purposes of subparagraph (A)(ii), (B)(ii), or (C)(ii) of paragraph
(1)shall not apply with respect to a proposed sale, export, lease, or loan of defense articles or services if the President— subject to subparagraph
(B)and except as provided in subparagraph (C), determines that an emergency exists that requires the sale, export, lease, or loan to be in the national security interest of the United States; and submits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such determination and justification for the determination, and which also includes a specific and detailed description of how the waiver of the congressional review requirements directly responds to or addresses the circumstances of the emergency cited in the determination. The President may make a determination under subparagraph (A)(i) only if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the defense articles or services to be sold, exported, leased, or loaned will be delivered not later than 60 days after the date of such certification. The President may not make a determination under subparagraph (A)(i) in the case of a proposed sale, export, lease, or loan of defense articles or services that include manufacturing or co-production of the articles or services outside the United States. In this paragraph, the term joint resolution of approval means a joint resolution that contains only the following provisions after its resolving clause: In the case of a letter of offer described in paragraph (1)(A), a provision approving the issuance of the letter of offer. In the case of a license described in paragraph (1)(B), a provision approving the issuance of the license. In the case of a lease or loan agreement described in paragraph (1)(C), a provision approving the agreement. After the President transmits to Congress a numbered certification with respect to a letter of offer described in paragraph (1)(A)(i), an unclassified numbered certification with respect to a license described in paragraph (1)(B)(i), or a written certification with respect to the agreement described in paragraph (1)(C)(i), a joint resolution of approval may be introduced in either House of Congress by any member of that House. A joint resolution of approval shall be referred in each House of Congress to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. In the Senate, the following shall apply: If the committee to which a joint resolution of approval has been referred has not reported it at the end of 10 session days after its introduction, that committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee to which a joint resolution of approval is referred has reported the resolution, or when that committee is discharged under subclause
(I)from further consideration of the resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion 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 subject to 4 hours of debate divided equally between those favoring and those opposing the joint resolution of approval. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A joint resolution of approval shall be subject to 10 hours of consideration, to be divided evenly between the proponents and opponents of the resolution. No amendments shall be in order with respect to a joint resolution of approval. A motion to reconsider a vote on passage of a joint resolution of approval shall not be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. If, before passing a joint resolution of approval, the Senate receives from the House a joint resolution of approval from the House, then— the joint resolution of the House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and the procedures set forth in this clause shall apply in the Senate to the joint resolution received from the House to the same extent as such procedures apply to a joint resolution of the Senate. This paragraph is enacted by Congress— 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, but applicable only with respect to the procedure to be followed in the House in the case of joint resolutions described in this section, and supersedes other rules only to the extent that it is inconsistent with such other rules; and 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. . Section 36(b) of the Arms Export Control Act ( 22 U.S.C. 2776(b) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), in the first sentence, by striking Subject to paragraph
(6)and inserting Subject to paragraph
(4)and subsection
(e); and in the flush text following subparagraph (P), by striking the last two sentences; by striking paragraphs
(2)and (3); by redesignating paragraphs (4), (5), and
(6)as paragraphs (2), (3), and (4), respectively; in subparagraph
(C)of paragraph
(3)(as redesignated), in the first sentence, by striking Subject to paragraph
(4)and subsection
(e); and in paragraph
(4)(as redesignated), in the matter preceding subparagraph (A), by striking in paragraph (5)(C) and inserting in paragraph (3)(C) . Section 38(f)(5)(B)(ii) of such Act ( 22 U.S.C. 2778(f)(5)(B)(ii) ) is amended by striking section 36(b)(5)(A) and inserting section 36(b)(3)(A) . Section 36(c) of such Act ( 22 U.S.C. 2776(c) ) is amended— in paragraph (1), in the first sentence, by striking Subject to paragraph
(5)and inserting Subject to subsection
(e); by striking paragraphs
(2)through (5); and by redesignating paragraph
(6)as paragraph (2). Subsection
(g)of section 36 of such Act ( 22 U.S.C. 2776 ) (as redesignated) is amended— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following: each numbered certification transmitted under subsection (e)(1)(A)(i), each unclassified number notification transmitted under subsection (e)(1)(B)(i) and each written certification transmitted under subsection (e)(1)(C)(i). . Section 63 of such Act ( 22 U.S.C. 2796b ) is repealed. Section 62(b) of such Act (22 U.S. 2976a(b)) is amended, in the first sentence, by striking (and in the case and all that follows through of that section) .
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- 22 U.S. 2976
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Sec. 202
Congressional review and approval of certain sales, exports, leases, and loans of defense articles and services
SCOTUS22 U.S. 2976
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