§2796a — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Before making or renewing an agreement to lease or loan U.S. defense equipment for one year or longer to a foreign country or an international organization, the President must send a written statement 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 statement must say which country or organization, what kind and amount of equipment and its replacement cost, the terms and length of the lease or loan, and why it is being leased or loaned instead of sold. The President can skip the waiting rules only if an emergency needs an immediate lease or loan. In that case the written statement must explain the emergency and the national security reasons in detail. The statement must be sent at least 15 calendar days before the agreement for NATO members or Australia, Japan, the Republic of Korea, Israel, or New Zealand, and at least 30 calendar days before for all other countries or organizations.

Title 22, §2796a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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

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