22 U.S.C. § 2796b: Legislative review procedures

Summary

Congress can stop certain year-or-longer leases or loans of U.S. defense equipment by passing a joint resolution within the 15-day or 30-day period set in section 2796a(c)(1) or (2). The rule covers major defense equipment worth $14,000,000 or more and other defense items worth $50,000,000 or more. For NATO members and Australia, Japan, the Republic of Korea, Israel, and New Zealand, the cutoffs are $25,000,000 for major equipment and $100,000,000 for other items. Value means replacement cost minus depreciation. The Senate must consider such resolutions under section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, and the House must treat a motion to begin consideration as highly privileged after the committee reports it to speed action.

Title 22, §2796b

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Applicability

(1)Subject to paragraph (2), in the case of any agreement involving the lease under this subchapter, or the loan under chapter 2 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311 et seq.], to any foreign country or international organization for a period of one year or longer of any defense articles which are either (i) major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $14,000,000 or more, or (ii) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $50,000,000 or more, the agreement may not be entered into or renewed if the Congress, within the 15-day or 30-day period specified in section 2796a(c)(1) or (2) of this title, as the case may be, enacts a joint resolution prohibiting the proposed lease or loan.

(2)In the case of an agreement described in paragraph (1) that is entered into with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, the Republic of Korea, Israel, or New Zealand, the limitations in paragraph (1) shall apply only if the agreement involves a lease or loan of—

(A)major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $25,000,000 or more; or

(B)defense articles valued (in terms of their replacement cost less any depreciation in their value) at $100,000,000 or more.

(b)Consideration of resolution

Any joint resolution under subsection (a) 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.

(c)Highly privileged nature of resolution

For the purpose of expediting the consideration and enactment of joint resolutions under subsection (a), 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (a)(1), 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. section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (b), is section 601(b) of Pub. L. 94–329, June 30, 1976, 90 Stat. 765, which made provision for expedited procedures in the Senate, and was not classified to the Code.

Amendments

2010—Subsec. (a)(2). Pub. L. 111–266 inserted “Israel,” before “or New Zealand” in introductory provisions. 2008—Subsec. (a)(2). Pub. L. 110–429 inserted “the Republic of Korea,” before “or New Zealand”. 2002—Subsec. (a). Pub. L. 107–228 designated existing provisions as par. (1), substituted “Subject to paragraph (2), in the case of” for “In the case of”, and added par. (2). 1996—Subsec. (a). Pub. L. 104–164 redesignated par. (1) as entire subsec. (a), substituted “the 15-day or 30-day period specified in section 2796a(c)(1) or (2) of this title, as the case may be” for “30 calendar days after receiving the certification with respect to that proposed agreement pursuant to section 2796a(a) of this title”, and struck out par. (2) which read as follows: “This section shall not apply with respect to a loan or lease to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand.” 1986—Subsec. (a)(1). Pub. L. 99–247, § 1(d)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to”. Subsec. (b). Pub. L. 99–247, § 1(d)(2), inserted “joint” before “resolution”. Subsec. (c). Pub. L. 99–247, § 1(d)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions” and “such joint resolution” for “such resolution”.

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.

§2796b Legislative Review Procedures