STANDARDIZATION OF CONGRESSIONAL REVIEW PROCEDURES FOR ARMS TRANSFERS.

SEC. 141. STANDARDIZATION OF CONGRESSIONAL REVIEW PROCEDURES FOR ARMS TRANSFERS. (a) Third Country Transfers Under FMS Sales.— Section 3(d)(2) of the Arms Export Control Act (22 U.S.C. 2753(d)(2)) is amended— (1) in subparagraph (A), by striking “, as provided for in sections 36(b)(2) and 36(b)(3) of this Act”; (2) in subparagraph (B), by striking “law” and inserting “joint resolution”; and (3) by adding at the end the following: “(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. 110 STAT. 1431 “(D) (i) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. “(ii) For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”. (b) Third Country Transfers Under Commercial Sales.— Section 3(d)(3) of such Act (22 U.S.C. 2753(d)(3)) is amended— (1) by inserting “(A)” after “(3)”; (2) in the first sentence— (A) by striking “at least 30 calendar days”; and (B) by striking “report” and inserting “certification”; and (3) by striking the last sentence and inserting the following: “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, or New Zealand; and “(ii) at least 30 calendar days before such consent is given in the case of a transfer to any other country, unless the President states in his certification that an emergency exists which requires that consent to the proposed transfer become effective immediately in the national security interests of the United States. If the President states in his certification that such an emergency exists (thus waiving the requirements of clause (i) or (ii), as the case may be, and of subparagraph (B)) the President shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate that consent to the proposed transfer become effective immediately and a discussion of the national security interests involved. “(B) Consent to a transfer subject to subparagraph (A) shall become effective after the end of the 15-day or 30-day period specified in subparagraph (A)(i) or (ii), as the case may be, only if the Congress does not enact, within that period, a joint resolution prohibiting the proposed transfer. “(C) (i) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. “(ii) For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”. (c) Commercial Sales.— Section 36(c)(2) of such Act (22 U.S.C. 2776(c)(2)) is amended by amending subparagraphs (A) and (B) to read as follows: “(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, 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 if110 STAT. 1432 the Congress, within that 15-day period, enacts a joint resolution prohibiting the proposed export; and “(B) 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.”. (d) Commercial Manufacturing Agreements.— Section 36(d) of such Act (22 U.S.C. 2776(d)) is amended— (1) by inserting “(1)” after “(d)”; (2) by striking “for or in a country not a member of the North Atlantic Treaty Organization”; and (3) by adding at the end the following: “(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, or New Zealand; and “(B) at least 30 days before approval is given in the case of an agreement for or in any other country; unless the President states in his certification that an emergency exists which requires the immediate approval of the agreement in the national security interests of the United States. “(3) If the President states in his certification that an emergency exists which requires the immediate approval of the agreement in the national security interests of the United States, thus waiving the requirements of paragraph (4), he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate approval of the agreement and a discussion of the national security interests involved. “(4) Approval for an agreement subject to paragraph (1) may not be given under section 38 if the Congress, within the 15-day or 30-day period specified in paragraph (2)(A) or (B), as the case may be, enacts a joint resolution prohibiting such approval. “(5) (A) Any joint resolution under paragraph (4) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. “(B) For the purpose of expediting the consideration and enactment of joint resolutions under paragraph (4), a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”. (e) Government-to-Government Leases.— (1) Congressional review period.— Section 62 of such Act (22 U.S.C. 2796a) is amended— (A) in subsection (a), by striking “Not less than 30 days before” and inserting “Before”; (B) in subsection (b)— (i) by striking “determines, and immediately reports to the Congress” and inserting “states in his certification”; and (ii) by adding at the end of the subsection the following: “If the President states in his certification that such an emergency exists, he shall set forth in the certification a detailed justification for his deter110 STAT. 1433mination, 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.“; and (C) by adding at the end of the section the following: “(c) The certification required by subsection (a) shall be transmitted— “(1) not less than 15 calendar days before the agreement is entered into or renewed in the case of an agreement with the North Atlantic Treaty Organization, any member country of that Organization or Australia, Japan, 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.”. (2) Congressional disapproval.— Section 63(a) of such Act (22 U.S.C. 2796b(a)) is amended— (A) by striking “(a)(1)” and inserting “(a)”; (B) by striking “30 calendar days after receiving the certification with respect to that proposed agreement pursuant to section 62(a),” and inserting “the 15-day or 30-day period specified in section 62(c) (1) or (2), as the case may be,”; and (C) by striking paragraph (2). (f) Effective Date.— The amendments made by this section apply with respect to certifications required to be submitted on or after the date of the enactment of this Act.