I 
109TH CONGRESS 
2D SESSION 
H. R. 5847 
To amend the Arms Export Control Act to strengthen the requirements 
for congressional review of arms sales and exports under such Act, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2006 
Mr. HYDE (for himself and Mr. LANTOS) introduced the following bill; which 
was referred to the Committee on International Relations, and in addition 
to the Committee on Rules, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend the Arms Export Control Act to strengthen the 
requirements for congressional review of arms sales and 
exports under such Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ELIGIBILITY REQUIREMENTS UNDER THE 
ARMS EXPORT CONTROL ACT. 
(a) GENERAL REQUIREMENTS RELATING TO MISUSE 
OF UNITED STATES–ORIGIN DEFENSE ARTICLES
OR 
SERVICES.—Section 3(c) of the Arms Export Control Act 
(22 U.S.C. 2753(c)) is amended— 
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(1) in paragraph (1), by striking ‘‘(either in 
terms of quantities or in terms of the gravity of the 
consequences regardless of the quantities involved)’’ 
each place it appears; and 
(2) in paragraph (2)— 
(A) by striking ‘‘(2)’’ and inserting 
‘‘(2)(A)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) The Inspector General of the Department 
of State shall submit to Congress an annual report 
that contains— 
‘‘(i) a determination of the Inspector Gen-
eral as to whether or not the Department of 
State has complied fully and comprehensively 
with the requirements of this subsection and 
subsection (e) during the preceding year; and 
‘‘(ii) a detailed description of the basis of 
the determination under clause (i).’’. 
(b) CONGRESSIONAL APPROVAL FOR SALES TO NON– 
NATO COUNTRIES
THAT
HAVE
MISUSED
UNITED 
STATES–ORIGIN DEFENSE ARTICLES OR SERVICES.— 
(1) AMENDMENT.—Section 3 of the Arms Ex-
port Control Act (22 U.S.C. 2753) is amended by 
adding at the end the following new subsection: 
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‘‘(h)(1) A license permitting a proposed letter of offer 
to sell defense articles or defense services with respect to 
which a certification is required to be submitted pursuant 
to subsection (b) or (c) of section 36 to a country de-
scribed in paragraph (2) may be issued only if Congress 
enacts a joint resolution approving the sale in accordance 
with the procedures described in paragraph (3). 
‘‘(2) A country referred to in paragraph (1) is a coun-
try, other than a country that is a member of the North 
Atlantic Treaty Organization, Australia, New Zealand, or 
Japan, that is the subject of a report issued under sub-
section (c) or (e) of this section at any time during the 
previous five years. 
‘‘(3) A joint resolution referred to in paragraph (1)— 
‘‘(A) may only be introduced by either chair or 
ranking minority member of the appropriate con-
gressional committees (as such term is defined in 
section 36(e)(1)); and 
‘‘(B) shall be considered in the House of Rep-
resentatives and the Senate in accordance with the 
procedures applicable to the consideration of a joint 
resolution of disapproval under subsection (b) or (c) 
of section 36, as the case may be.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) applies with respect to a country 
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described in paragraph (2) of section 3(h) of the 
Arms Export Control Act (as added by paragraph 
(1)) that is the subject of a report issued under sub-
section (c) or (e) of section 3 of such Act on or after 
October 1, 2006. 
SEC. 2. ESTIMATE AND JUSTIFICATION FOR SALES PRO-
GRAM UNDER THE ARMS EXPORT CONTROL 
ACT. 
(a) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Section 25(a) of the Arms 
Export Control Act (22 U.S.C. 2765(a)) is amended 
by striking ‘‘(a) Except as provided’’ and all that 
follows through ‘‘are deemed most likely actually to 
result in the issuance of a letter of offer or of an 
export license during such year;’’ and inserting the 
following: 
‘‘(a)(1) Not later than the first day of each calendar 
quarter, the President shall transmit to the appropriate 
congressional committees a report that sets forth an Arms 
Sales Proposal covering all proposed sales and licensed 
commercial exports under this Act of major weapons or 
weapons-related defense equipment for $7,000,000 or 
more, or of any other weapons or weapons-related defense 
equipment for $25,000,000 or more, which are likely to 
result in a letter of offer or of an export license during 
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such calendar quarter or the succeeding calendar quar-
ter.’’. 
(2) ADDITIONAL INFORMATION.—Section 25(a) 
of the Arms Export Control Act (22 U.S.C. 2765(a), 
as amended by paragraph (1), is further amended— 
(A) by striking ‘‘(2) an estimate’’ and in-
serting the following: 
‘‘(2) Except as provided in subsection (d)(1) of this 
section, the President shall include in the report required 
by paragraph (1) for the first calendar quarter of each 
calendar year— 
‘‘(A) an estimate’’; 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (14) as subparagraphs (B) through 
(M), respectively; 
(C) in paragraph (2)(C) (as redesignated), 
by striking ‘‘paragraphs (1) and (2) of this sub-
section’’ and inserting ‘‘subparagraph (A)’’ ; 
(D) in paragraph (2)(D) (as redesig-
nated)— 
(i) by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respec-
tively; and 
(ii) in clause (ii) (as redesignated)— 
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(I) by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection (d)(2)’’; and 
(II) by redesignating clauses (i) 
through (iii) as subclauses (I) through 
(III), respectively; and 
(E) in paragraph (2)(K) (as redesig-
nated)— 
(i) by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respec-
tively; and 
(ii) in clause (ii) (as redesignated), by 
striking ‘‘subparagraph (A)’’ and inserting 
‘‘clause (i)’’. 
(3) DEFINITION.—Section 25(a) of the Arms 
Export Control Act (22 U.S.C. 2765(a), as amended 
by paragraphs (1) and (2), is further amended by 
adding at the end the following new paragraph: 
‘‘(3) In this subsection, the term ‘calendar quarter’ 
means any three-month period beginning on January 1, 
April 1, July 1, or October 1 of a calendar year.’’. 
(b) ADDITIONAL INFORMATION.—Section 25(b) of 
the Arms Export Control Act (22 U.S.C. 2765(b)) is 
amended to read as follows: 
‘‘(b)(1)(A) Not later than 15 days after the date on 
which the President transmits to the appropriate congres-
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sional committees a report under subsection (a), the Presi-
dent shall make available to the appropriate congressional 
committees all information, in the possession of the Presi-
dent as of the date on which such report is so transmitted, 
regarding each proposed sale and export listed in such re-
port. 
‘‘(B) Such information shall include, but not be lim-
ited to— 
‘‘(i) technical details of all equipment, tech-
nology, software and armament that may be in-
cluded as part of the sale or export; 
‘‘(ii) communications between the United States 
and the purchasing country regarding the sale or ex-
port; 
‘‘(iii) intelligence information relevant to the 
sale or export; and 
‘‘(iv) any other relevant information relating to 
the sale or export. 
‘‘(2) Either chair of the appropriate congressional 
committees may waive the requirement of paragraph (1) 
with respect to a proposed sale or export.’’. 
(c) EXCEPTION; DEFINITION.—Section 25 of the 
Arms Export Control Act (22 U.S.C. 2765) is amended— 
(1) in the first subsection (d) (as added by sec-
tion 113(2) of the International Security and Devel-
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opment Cooperation Act of 1985 (Public Law 99– 
83; 99 Stat. 198))— 
(A) by striking ‘‘(d)’’ and inserting 
‘‘(d)(1)’’; and 
(B) by striking ‘‘subsection (a)(4)’’ and in-
serting ‘‘subsection (a)(2)(C)’’; 
(2) by redesignating the second subsection (d) 
(as added by section 112(b) of the International Se-
curity and Development Cooperation Act of 1985 
(Public Law 99–83; 99 Stat. 198)) as paragraph (2) 
of the first subsection (d); and 
(3) in subsection (d)(2) (as redesignated)— 
(A) by striking ‘‘subsection (a)(5)(B)’’ and 
inserting ‘‘subsection (a)(2)(D)(ii)’’; and 
(B) by striking the semicolon at the end 
and inserting a period. 
(d) CONFORMING AMENDMENTS.—The heading of 
section 25 of the Arms Export Control Act (22 U.S.C. 
2765) is amended— 
(1) by striking ‘‘ANNUAL’’ and inserting 
‘‘QUARTERLY’’; and 
(2) by inserting ‘‘ANNUAL’’ before ‘‘JUS-
TIFICATION’’. 
(e) REPORTS ON COMMERCIAL AND GOVERNMENTAL 
MILITARY EXPORTS; CONGRESSIONAL ACTIONS.—Section 
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36 of the Arms Export Control Act (22 U.S.C. 2776) is 
amended— 
(1) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(7) A certification for a proposed sale or export of 
defense articles or defense services may be transmitted 
pursuant to this subsection only if information with re-
spect to the sale or export of such defense articles or de-
fense services is included in the report transmitted to the 
appropriate congressional committees pursuant to section 
25(a) of this Act for the most recent calendar quarter (as 
such term is defined in such section) or the preceding cal-
endar quarter.’’; and 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(6) A certification for a proposed sale or export of 
defense articles or defense services may be transmitted 
pursuant to this subsection only if information with re-
spect to the sale or export of such defense articles or de-
fense services is included in the report transmitted to the 
appropriate congressional committees pursuant to section 
25(a) of this Act for the most recent calendar quarter (as 
such term is defined in such section) or the preceding cal-
endar quarter.’’. 
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(f) EFFECTIVE DATE.—The amendments made by 
this section apply with respect to reports required to be 
transmitted under section 25 of the Arms Export Control 
Act (22 U.S.C. 2765) for 2007 and each subsequent cal-
endar year. 
SEC. 3. REPORTS ON COMMERCIAL AND GOVERNMENTAL 
MILITARY EXPORTS UNDER THE ARMS EX-
PORT CONTROL ACT; CONGRESSIONAL AC-
TIONS. 
(a) EXPEDITED PROCEDURES FOR CONGRESSIONAL 
DISAPPROVAL.— 
(1) GOVERNMENT SALES.—Section 36(b) of the 
Arms Export Control Act (22 U.S.C. 2776(b)) is 
amended— 
(A) by striking paragraphs (2) and (3); 
(B) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2)(A) Except as provided in subparagraph (B), the 
provisions of subsections (b), (c), (d), (e), and (f) of sec-
tion 152 of the Trade Act of 1974 (19 U.S.C. 2192(b), 
(c), (d), (e) and (f)) apply to a joint resolution described 
in paragraph (1) to the same extent as such provisions 
apply to a joint resolution described in section 152 of such 
Act. 
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‘‘(B) A joint resolution described in subparagraph 
(A) may only be introduced by either the chair or ranking 
minority member of the appropriate congressional commit-
tees.’’; 
(C) 
by 
redesignating 
paragraphs 
(4) 
through (6) as paragraphs (3) through (5), re-
spectively; 
(D) in paragraph (4)(C), by striking 
‘‘paragraph (6)’’ and inserting ‘‘paragraph 
(5)’’; and 
(E) in paragraph (6), by striking ‘‘para-
graph 
(5)(C)’’ 
and 
inserting 
‘‘paragraph 
(4)(C)’’. 
(2) COMMERCIAL SALES.—Section 36(c)(3) of 
the 
Arms 
Export 
Control 
Act 
(22 
U.S.C. 
2776(c)(3)) is amended to read as follows: 
‘‘(3)(A) Except as provided in subparagraph (B), the 
provisions of subsections (b), (c), (d), (e), and (f) of sec-
tion 152 of the Trade Act of 1974 (19 U.S.C. 2192(b), 
(c), (d), (e) and (f)) apply to a joint resolution described 
in paragraph (2) to the same extent as such provisions 
apply to a joint resolution described in section 152 of such 
Act. 
‘‘(B) A joint resolution described in subparagraph 
(A) may only be introduced by either the chair or ranking 
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minority member of the appropriate congressional commit-
tees.’’. 
(b) REQUIREMENT TO PROVIDE ADVANCE NOTIFICA-
TION AND CONSULTATION ON CERTAIN SALES AND EX-
PORTS.—Section 36 of the Arms Export Control Act (22 
U.S.C. 2776) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(h)(1)(A) Not later than 20 calendar days prior to 
the submission of a certification under subsection (b), (c), 
or (d) of this section, the President shall provide advance 
notification in writing to, and consult with, the chairs and 
ranking minority members of the appropriate congres-
sional committees of the offer to sell or export the defense 
articles or defense services with respect to which such a 
certification is required to be submitted pursuant to any 
such subsection. 
‘‘(B)(i) The requirement of subparagraph (A) to pro-
vide 20 calendar days advance notification in writing to 
the chairs and ranking minority members of the appro-
priate congressional committees shall not apply if the 
chairs and ranking minority members of the appropriate 
congressional committees have agreed, at their discretion, 
to waive such requirement. 
‘‘(ii) The requirements of subparagraph (A) shall not 
apply if the President states in the certification that an 
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emergency exists that requires the sale or export of de-
fense articles or defense services to be in the national secu-
rity interests of the United States in accordance with sub-
section (b), (c), or (d) of this section. 
‘‘(2)(A) The President shall not submit a certification 
under subsection (b), (c), or (d) of this section if either 
chair or ranking minority member of the appropriate con-
gressional committees requests a deferral of the submis-
sion of the certification based on the impact of the pro-
posed sale or export of defense articles or defense services 
described in paragraph (1) on the security or foreign pol-
icy interests of the United States. 
‘‘(B)(i) The requirement of subparagraph (A) shall 
not apply if the President transmits to the chairs and 
ranking minority members of the appropriate congres-
sional committees a report in writing that contains a de-
termination of the President that extraordinary cir-
cumstances exist which necessitates the obviation of such 
requirement and a detailed description of such cir-
cumstances. 
‘‘(ii) The authority of clause (i) may not be delegated 
to any official who holds a position that is lower in rank 
or status than the Secretary of State.’’. 
(c) REQUIREMENT TO PROVIDE INFORMATION RE-
LATING TO CERTAIN SALES AND EXPORTS.—Section 36 
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of the Arms Export Control Act (22 U.S.C. 2776), as 
amended by subsection (a), is further amended by adding 
at the end the following new subsection: 
‘‘(i)(1) In the case of a certification for the offer to 
sell or export defense articles or defense services to a coun-
try other than a country that is a member of the North 
Atlantic Treaty Organization, Australia, New Zealand, or 
Japan, unless the President states in the certification that 
there has not been a violation of any agreement with the 
United States under section 3 of this Act or section 505 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) 
involving such country which would necessitate the trans-
mission to Congress of a report under subsection (c) or 
(e) of section 3 of this Act, the President shall, upon the 
written request of either chair or ranking minority mem-
ber of the appropriate congressional committees, transmit 
to the appropriate congressional committees a report in 
writing that contains an explanation of the facts and cir-
cumstances prompting the omission of such statement in 
the certification. 
‘‘(2)(A) A written request to the President under 
paragraph (1) shall toll the 30-day period described in 
subsection (b), (c), or (d) of this section with respect to 
the enactment of a joint resolution to prohibit the sale or 
export of the defense articles or defense services from the 
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date on which the request is received by the President 
until the date on which the President’s report is received 
by the appropriate congressional committees. 
‘‘(B)(i) The requirement of subparagraph (A) shall 
not apply if the President transmits to the appropriate 
congressional committees a report in writing that contains 
a determination of the President that the national security 
interests of the United States would be adversely affected 
by the application of such requirement to the proposed 
sale or export of the defense articles or defense services. 
‘‘(ii) The authority of clause (i) may not be delegated 
by the President to any other official of the Government 
of the United States.’’. 
(d) DEFINITION.—Section 36(e) of the Arms Export 
Control Act (22 U.S.C. 2776(e)) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; and 
(2) by inserting before paragraph (2) (as redes-
ignated) the following new paragraph: 
‘‘(1) the term ‘‘appropriate congressional com-
mittee means— 
‘‘(A) the Committee on International Rela-
tions of the House of Representatives; and 
‘‘(B) the Committee on Foreign Relations 
of the Senate;’’. 
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(e) CONFORMING AMENDMENTS.—Section 36 of the 
Arms Export Control Act (22 U.S.C. 2776) is amended— 
(1) in subsections (a), (b)(1), (c)(1), and (f), by 
striking ‘‘Speaker of the House of Representatives 
and to the chairman of the Committee on Foreign 
Relations of the Senate’’ and inserting ‘‘chairs of the 
appropriate congressional committees’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘such 
committee or the Committee on Foreign Affairs 
of the House of Representatives’’ and inserting 
‘‘either chair of the appropriate congressional 
committees’’; 
(B) in paragraph (4), by striking ‘‘Con-
gress’’ and inserting ‘‘chairs of the appropriate 
congressional committees’’; and 
(C) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘chairman of the Committee on Foreign 
Affairs of the House of Representatives 
and the chairman of the Committee on 
Foreign Relations of the Senate’’ and in-
serting ‘‘chairs of the appropriate congres-
sional committees’’; 
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(ii) in subparagraph (B), by striking 
‘‘Congress’’ and inserting ‘‘chairs of the 
appropriate 
congressional 
committees’’; 
and 
(iii) in subparagraph (C), by striking 
‘‘Speaker of the House of Representatives 
and the chairman of the Committee on 
Foreign Relations of the Senate’’ and in-
serting ‘‘chairs of the appropriate congres-
sional committees’’; and 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘such 
committee or the Committee on Foreign Affairs 
of the House of Representatives’’ and inserting 
‘‘either chair of the appropriate congressional 
committees’’; and 
(B) in subparagraphs (A) and (C) of para-
graph (2), by striking ‘‘Congress receives’’ and 
inserting ‘‘chairs of the appropriate congres-
sional committees receive’’; and 
(C) in paragraph (4), by striking ‘‘Con-
gress’’ each place it appears and inserting ‘‘the 
chairs of the appropriate congressional commit-
tees’’. 
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SEC. 4. NOTIFICATION AND CONSULTATION REQUIRE-
MENTS RELATING TO CERTAIN INITIATIVES 
AND NEGOTIATIONS. 
(a) INITIATIVES AND NEGOTIATIONS RELATING TO 
NUCLEAR COOPERATION.—The President shall keep the 
appropriate congressional committees fully and completely 
informed of any initiative or negotiations relating to a new 
or amended agreement for peaceful nuclear cooperation 
pursuant to section 123 of the Atomic Energy Act of 1954 
prior to the President’s announcement of such initiative 
or negotiations. The President shall consult with the ap-
propriate congressional committees concerning such initia-
tive or negotiations beginning not less than 15 calendar 
days before such announcement. 
(b) INITIATIVES AND NEGOTIATIONS WITH STATE 
SPONSORS OF TERRORISM.—The President shall keep the 
appropriate congressional committees fully and completely 
informed of any initiative relating to or negotiations with 
any country the government of which the Secretary of 
State has determined, for purposes of section 6(j) of the 
Export Administration Act of 1979, section 620A of the 
Foreign Assistance Act of 1961, section 40 of the Arms 
Export Control Act, or any other provision of law, is a 
government that has repeatedly provided support for acts 
of international terrorism, either directly with such coun-
try or as part of a multilateral initiative. The President 
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shall consult with the appropriate congressional commit-
tees concerning such initiative or negotiations not less 
than 15 calendar days before the announcement or incep-
tion of such initiative or negotiations. 
(c) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Committee on 
International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate. 
Æ 
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