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22 U.S.C. § 2796 — Leasing authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Preconditions** The President may lease defense articles in the stocks of the Department of Defense to an eligible foreign country or international organization if—
(1) he determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this chapter;
(2) he determines that the articles are not for the time needed for public use;
(3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and
(4) the country or international organization has agreed to pay in United States dollars all costs incurred by the United States Government in leasing such articles, including reimbursement for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and, if the articles are lost or destroyed while leased—
(A) in the event the United States intends to replace the articles lost or destroyed, the replacement cost (less any depreciation in the value) of the articles; or
(B) in the event the United States does not intend to replace the articles lost or destroyed, an amount not less than the actual value (less any depreciation in the value) specified in the lease agreement.
The requirement of paragraph (4) shall not apply to leases entered into for purposes of cooperative research or development, military exercises, or communications or electronics interface projects. The President may waive the requirement of paragraph (4) for re
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Source location: Title 22, Chapter 39, § 2796; chapter-039-arms-export-control.md
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**(a) Preconditions** The President may lease defense articles in the stocks of the Department of Defense to an eligible foreign country or international organization if—
(1) he determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this chapter;
(2) he determines that the articles are not for the time needed for public use;
(3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and
(4) the country or international organization has agreed to pay in United States dollars all costs incurred by the United States Government in leasing such articles, including reimbursement for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and, if the articles are lost or destroyed while leased—
(A) in the event the United States intends to replace the articles lost or destroyed, the replacement cost (less any depreciation in the value) of the articles; or
(B) in the event the United States does not intend to replace the articles lost or destroyed, an amount not less than the actual value (less any depreciation in the value) specified in the lease agreement.
The requirement of paragraph (4) shall not apply to leases entered into for purposes of cooperative research or development, military exercises, or communications or electronics interface projects. The President may waive the requirement of paragraph (4) for reimbursement of depreciation for any defense article which has passed three-quarters of its normal service life if the President determines that to do so is important to the national security interest of the United States. The President may waive the requirement of paragraph (4) with respect to a lease which is made in exchange with the lessee for a lease on substantially reciprocal terms of defense articles for the Department of Defense, except that this waiver authority—
(A) may be exercised only if the President submits to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, in accordance with the regular notification procedures of those Committees, a detailed notification for each lease with respect to which the authority is exercised; and
(B) may be exercised only during the fiscal year 11 So in original. The words “the fiscal year” probably should not appear. the current fiscal year and only with respect to one country, unless the Congress hereafter provides otherwise.
The preceding sentence does not constitute authorization of appropriations for payments by the United States for leased articles.
**(b) Duration; termination**
(1) Each lease agreement under this section shall be for a fixed duration which may not exceed (A) five years, and (B) a specified period of time required to complete major refurbishment work of the leased articles to be performed prior to the delivery of the leased articles, and shall provide that, at any time during the duration of the lease, the President may terminate the lease and require the immediate return of the leased articles.
(2) In this subsection, the term “major refurbishment work” means work for which the period of performance is 6 months or more.
**(c) Applicable statutory authorities** Defense articles in the stocks of the Department of Defense may be leased or loaned to a foreign country or international organization only under the authority of this subchapter or chapter 2 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2311&num=0&edition=prelim) et seq.], and may not be leased to a foreign country or international organization under the authority of [section 2667 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense articles and services; noncombatant personnel; transfer of funds** The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by—
(1) acquiring for any source and providing (by loan or grant) any defense article or defense service;
(2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature; or
(3) transferring such of the funds appropriated or otherwise made available under this part as the President may determine for assistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [[22 U.S.C. 2761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) and 2762] have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.].
Sales which are wholly paid from funds transferred under paragraph (3) or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [[22 U.S.C. 2763](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim)] shall be priced to exclude the costs of salarie
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lease Authority.—** Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to be in the public interest, real or personal property that—
(1) is under the control of the Secretary concerned;
(2) is not for the time needed for public use; and
(3) is not excess property, as defined by [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
**(b) Conditions on Leases.—** A lease under subsection (a)—
(1) may not be for more than five years, unless the Secretary concerned determines that a lease for a longer period will promote the national defense or be in the public interest;
(2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(3) shall permit the Secretary to revoke the lease at any time, unless he determines that the omission of such a provision will promote the national defense or be in the public interest;
(4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary;
(5) may provide, notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim) or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease;
(6) except as otherwise provided in subsection (d), shall require the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2667
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Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Larger or Newer Vessels.—** A naval vessel that is in excess of 3,000 tons or that is less than 20 years of age may not be disposed of to another nation (whether by sale, lease, grant, loan, barter, transfer, or otherwise) unless the disposal of that vessel, or of a vessel of the class of that vessel, is authorized by law enacted after August 5, 1974. A lease or loan of such a vessel under such a law may be made only in accordance with the provisions of chapter 6 of the Arms Export Control Act ([22 U.S.C. 2796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2796&num=0&edition=prelim) et seq.) or chapter 2 of part II of the Foreign Assistance Act of 1961 ([22 U.S.C. 2311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2311&num=0&edition=prelim) et seq.). In the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. In the case of an authorization by law for the disposal of vessels of a specified class, the Secretary may dispose of vessels of that class pursuant to that authorization only in the number of such vessels specified in that law as being authorized for disposal.
**(b) Other Vessels.—**
(1) A naval vessel not subject to subsection (a) may be disposed of to another nation (whether by sale, lease, grant, loan, barter, transfer, or otherwise) in accordance with applicable provisions of law, but only after—
(A) the Secretary of the Navy notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in writi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retention of title to aircraft**
(1) **In general**
(A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).
(2) **Exceptions**
(A) Paragraph (1) shall not apply to the extent that—
(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under [section 2394–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394-1&num=0&edition=prelim).
(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3) **Assistance for leasing of aircraft**
(A) For purposes of satisfying the requirement of paragraph (1), funds made available for the “Foreign Military Financing Program” under section 23 of the Arms Export Control Act [[22 U.S.C. 2763](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim)] may be used to finance the leasing of aircraft under chapter 6 of that Act [[22 U.S.C. 2796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-s
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291c
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Federal law — U.S. Code and appendices · legal_authorities
Page 780
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2305
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see
section 512(a) of Pub. L. 96–53, set out as a note under
section 2151 of this title.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
§ 2305. National Security Assistance Strategy
(a) Multiyear plan
Not later than 180 days after October 6, 2000,
and annually thereafter at the time of submis-
sion of the congressional presentation materials
of the foreign operations appropriations budget
request, the Secretary of State should submit to
the appropriate committees of Congress a plan
setting forth a National Security Assistance
Strategy for the United States.
(b) Elements of the Strategy
The National Security Assistance Strategy
should—
(1) set forth a multi-year plan for security
assistance programs;
(2) be consistent with the National Security
Strategy of the United States;
(3) be coordinated with the Secretary of De-
fense and the Chairman of the Joint Chiefs of
Staff;
(4) be prepared, in consultation with other
agencies, as appropriate;
(5) identify overarching security assistance
objectives, including identification of the role
that specific security assistance programs will
play in achieving such objectives;
(6) identify a primary security assistance ob-
jective, as well as specific secondary objec-
tives, for individual countries;
(7) identify, on a country-by-country basis,
how specific resources will be allocated to ac-
complish both primary and secondary objec-
tives;
(8) discuss how specific types of assistance,
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2311
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Federal law — U.S. Code and appendices · legal_authorities
Page 1275
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2796
1 So in original. The words ‘‘the fiscal year’’ probably should
not appear.
fense articles and defense services acquired
under this subchapter prior to their transfer, as
well as the administrative costs of the Depart-
ment of Defense incurred in the acquisition of
such items to the extent not reimbursed pursu-
ant to section 2792(b) of this title.
(Pub. L. 90–629, ch. 5, § 52, as added Pub. L. 97–113,
title I, § 108(a), Dec. 29, 1981, 95 Stat. 1523.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), 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.
The Foreign Assistance Act of 1961, referred to in sub-
sec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424,
which is classified principally to chapter 32 (§ 2151 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 2151 of this title and Tables.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of the President under
subsec. (b) of this section, see section 1(s) 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 pre-
viously delegated by Ex. Ord. No. 11958, which was for-
merly set out as a note under section 2751 of this title
and was revoked, subject to a savings provision, by sec-
tion 4 of Ex. Ord. No. 13637.
§ 2795b. Repealed. Pub. L. 104–164, title I, § 145(a),
July 21, 1996, 110 Stat. 1434
Section, Pub. L. 90–629, ch. 5, § 53, as added
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2796
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