22 U.S.C. § 2796d — Loan of materials, supplies, and equip-

Page 1278 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2796c placement cost less any depreciation in its value) at $14,000,000 or more, or (ii) defense arti- cles 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 pro- posed lease or loan. (2) In the case of an agreement described in paragraph (1) that is entered into with a mem- ber country of the North Atlantic Treaty Orga- nization (NATO) or Australia, Japan, the Repub- lic of Korea, Israel, or New Zealand, the limita- tions 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 depre- ciation 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 Inter- national Security Assistance and Arms Export Control Act of 1976. (c) Highly privileged nature of resolution For the purpose of expediting the consider- ation and enactment of joint resolutions under subsection (a), a motion to proceed to the con- sideration 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. (Pub. L. 90–629, ch. 6, § 63, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525; amend- ed Pub. L. 99–247, § 1(d), Feb. 12, 1986, 100 Stat. 9; Pub. L. 104–164, title I, § 141(e)(2), July 21, 1996, 110 Stat. 1433; Pub. L. 107–228, div. B, title XIV, § 1405(a)(3), Sept. 30, 2002, 116 Stat. 1457; Pub. L. 110–429, title II, § 203(b)(1), Oct. 15, 2008, 122 Stat. 4845; Pub. L. 111–266, title III, § 301(1), Oct. 8, 2010, 124 Stat. 2804.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (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 Assist- ance 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 Re- public of Korea,’’ before ‘‘or New Zealand’’. 2002—Subsec. (a). Pub. L. 107–228 designated existing provisions as par. (1), substituted ‘‘Subject to para- graph (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 receiv- ing 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 sec- tion 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), sub- stituted ‘‘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 ‘‘en- actment of joint resolutions’’ for ‘‘adoption of concur- rent resolutions’’ and ‘‘such joint resolution’’ for ‘‘such resolution’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–164 applicable with re- spect 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. § 2796c. Applicability of other statutory provi- sions Any reference to sales of defense articles under this chapter in any provision of law re- stricting the countries or organizations to which such sales may be made shall be deemed to in- clude a reference to leases of defense articles under this subchapter. (Pub. L. 90–629, ch. 6, § 64, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1526.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. § 2796d. Loan of materials, supplies, and equip- ment for research and development purposes (a) Loan or gift transactions; written agreement; covered programs (1) Except as provided in subsection (c), the Secretary of Defense may loan to a country that is a NATO or major non-NATO ally materials, supplies, or equipment for the purpose of car- rying out a program of cooperative research, de- velopment, testing, or evaluation. The Sec- retary may accept as a loan or a gift from a country that is a NATO or major non-NATO ally materials, supplies, or equipment for such pur- pose. (2) Each loan or gift transaction entered into by the Secretary under this section shall be pro- vided for under the terms of a written agree- ment between the Secretary and the country concerned. (3) A program of testing or evaluation for which the Secretary may loan materials, sup- Page 1279 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2797 1 See References in Text note below. plies, or equipment under this section includes a program of testing or evaluation conducted sole- ly for the purpose of standardization, inter- changeability, or technical evaluation if the country to which the materials, supplies, or equipment are loaned agrees to provide the re- sults of the testing or evaluation to the United States without charge. (b) Reimbursement of consumed materials, etc. The materials, supplies, or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a re- quirement for reimbursement of the United States if the Secretary— (1) determines that the success of the re- search, development, test, or evaluation de- pends upon expending or otherwise consuming the materials, supplies, or equipment loaned to the country; and (2) approves of the expenditure or consump- tion of such materials, supplies, or equipment. (c) Prohibitions The Secretary of Defense may not loan to a country under this section any material if the material is a strategic and critical material and if, at the time the loan is to be made, the quan- tity of the material in the National Defense Stockpile (provided for under section 98b of title 50) is less than the quantity of such material to be stockpiled, as determined by the President under section 98b(a) of title 50. (d) ‘‘NATO ally’’ defined For purposes of this section, the term ‘‘NATO ally’’ means a member country of the North At- lantic Treaty Organization (other than the United States). (Pub. L. 90–629, ch. 6, § 65, as added Pub. L. 100–456, div. A, title X, § 1003(a), Sept. 29, 1988, 102 Stat. 2038; amended Pub. L. 102–25, title VII, § 705(d)(2), Apr. 6, 1991, 105 Stat. 120; Pub. L. 104–164, title I, § 147(a)(3)(B), July 21, 1996, 110 Stat. 1435.) Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–164 struck out ‘‘or major non-NATO’’ after ‘‘NATO’’ and ‘‘or a foreign country other than a member nation of NATO designated as a major non-NATO ally under section 2350a(i)(3) of title 10’’ after ‘‘(other than the United States)’’. 1991—Subsec. (d). Pub. L. 102–25 substituted ‘‘section 2350a(i)(3) of title 10’’ for ‘‘section 2767a of this title’’. SUBCHAPTER VII—CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECH- NOLOGY § 2797. Licensing (a) Establishment of list of controlled items The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall es- tablish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not con- trolled under section 4605(l) 1 of title 50. (b) Referral of license applications (1) A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is re- ferred to the Secretary of Defense. (2) Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license applica- tion and accompanying documents issued to the applicant, to the extent that the relevant Sec- retary indicates the need to receive such appli- cation and documents. (c) Information sharing The Secretary of State shall establish a proce- dure for sharing information with appropriate officials of the intelligence community, as de- termined by the Director of Central Intel- ligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology. (d) Exports to space launch vehicle programs Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to support the design, utilization, development, or production of a space launch vehicle system listed in Category I of the MTCR Annex, the Secretary shall trans- mit to the Congress a report describing the li- censed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation pol- icy. The requirement contained in the preceding sentence shall not apply to licenses for exports to countries that were members of the MTCR as of April 17, 1987. (Pub. L. 90–629, ch. 7, § 71, as added Pub. L. 101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103–236, title VII, §§ 714(a)(3)–(6), 735(c), Apr. 30, 1994, 108 Stat. 497, 506; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(a)(4)–(7), Oct. 21, 1998, 112 Stat. 2681–773; Pub. L. 106–280, title VII, § 708(c), Oct. 6, 2000, 114 Stat. 863.) Editorial Notes REFERENCES IN TEXT Section 4605(l) of title 50, referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. This chapter, referred to in subsec. (d), 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 2000—Subsec. (d). Pub. L. 106–280 substituted ‘‘Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter