22 U.S.C. § 2796a: Reports to Congress

Summary

Before making or renewing a lease or loan of any defense article for one year or longer to a foreign country or international group, the President must send a written certification to the Speaker of the House, the House Foreign Affairs Committee, the chair of the Senate Foreign Relations Committee, and the chair of the Senate Armed Services Committee. The certification must name the country or group, describe the type, amount, and replacement cost value of the equipment, state the terms and length of the lease or loan, and explain why it is being leased or loaned instead of sold. The President can skip these timing rules if an emergency requires immediate action. If so, the certification must say an emergency exists and give a detailed explanation of the emergency and the national security reasons. The certification must be sent at least 15 calendar days before the agreement if it involves NATO members, Australia, Japan, the Republic of Korea, Israel, or New Zealand, and at least 30 calendar days before for any other country or group.

Title 22, §2796a

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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;

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 2 of part II of that Act is classified generally to part II (§ 2311 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. This chapter, referred to in subsec. (a)(4), was in the original “this Act”, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of this title and Tables.

Amendments

2014—Subsec. (a). Pub. L. 113–276 inserted “the Committee on Foreign Affairs of the House of Representatives,” after “the Speaker of the House of Representatives,” in introductory provisions. 2010—Subsec. (c)(1). Pub. L. 111–266 inserted “Israel,” before “or New Zealand”. 2008—Subsec. (c)(1). Pub. L. 110–429 inserted “the Republic of Korea,” before “or New Zealand”. 1996—Subsec. (a). Pub. L. 104–164, § 141(e)(1)(A), substituted “Before” for “Not less than 30 days before”. Subsec. (b). Pub. L. 104–164, § 141(e)(1)(B), substituted “states in his certification” for “determines, and immediately reports to the Congress” and inserted at end “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.” Subsec. (c). Pub. L. 104–164, § 141(e)(1)(C), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–164 applicable with respect to certifications required to be submitted on or after July 21, 1996, see section 141(f) of Pub. L. 104–164, set out as a note under section 2753 of this title.

Executive Documents

Delegation of Functions For delegation of functions of the President under subsec. (a) of this section, see section 1(t) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a

Savings Provision

, by section 4 of Ex. Ord. No. 13637.

§2796a Reports to Congress

Summary

Title 22, §2796a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Executive Documents

Savings Provision

Citations & Metadata