§ 2796a. — Reports to Congress.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2796a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER VI--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR
COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES
Sec. 2796a. Reports to Congress
(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, 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) of this section 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.
(Pub. L. 90-629, ch. 6, Sec. 62, as added Pub. L. 97-113, title I,
Sec. 109(a), Dec. 29, 1981, 95 Stat. 1525; amended Pub. L. 104-164,
title I, Sec. 141(e)(1), July 21, 1996, 110 Stat. 1432.)
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, as amended. Chapter 2 of
part II of that Act is classified generally to part II (Sec. 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.
Amendments
1996--Subsec. (a). Pub. L. 104-164, Sec. 141(e)(1)(A), substituted
``Before'' for ``Not less than 30 days before''.
Subsec. (b). Pub. L. 104-164, Sec. 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, Sec. 141(e)(1)(C), added subsec. (c).
Effective Date of 1996 Amendment
Amendment 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.
Delegation of Functions
Functions of President under subsec. (a) of this section delegated
to Secretary of Defense by section 1(r) of Ex. Ord. No. 11958, Jan. 18,
1977, 42 F.R. 4311, as amended, set out as a note under section 2751 of
this title.
Section Referred to in Other Sections
This section is referred to in section 2796b of this title.
