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

Page 1277 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2796b 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 No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex.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 (a) Written certification to Speaker of the House and chairmen of Congressional committees Before entering into or renewing any agree- ment with a foreign country or international or- ganization to lease any defense article under this subchapter, or to loan any defense article under chapter 2 of part II of the Foreign Assist- ance Act of 1961 [22 U.S.C. 2311 et seq.], for a pe- riod of one year or longer, the President shall transmit to the Speaker of the House of Rep- resentatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Rela- tions 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, in- cluding an explanation of why the defense ar- ticle 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 de- scribed 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 se- curity interests involved. (c) Transmission of certification 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 Re- public 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 organiza- tion or country. (Pub. L. 90–629, ch. 6, § 62, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525; amend- ed Pub. L. 104–164, title I, § 141(e)(1), July 21, 1996, 110 Stat. 1432; 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; Pub. L. 113–276, title II, § 208(a)(4), Dec. 18, 2014, 128 Stat. 2993.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (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 Com- mittee on Foreign Affairs of the House of Representa- tives,’’ after ‘‘the Speaker of the House of Representa- tives,’’ 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 Re- public of Korea,’’ before ‘‘or New Zealand’’. 1996—Subsec. (a). Pub. L. 104–164, § 141(e)(1)(A), sub- stituted ‘‘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 im- mediately 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 certifi- cation a detailed justification for his determination, including a description of the emergency circumstances which necessitate that the lease be entered into imme- diately and a discussion of the national security inter- ests involved.’’ Subsec. (c). Pub. L. 104–164, § 141(e)(1)(C), added sub- sec. (c). 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. 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 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. § 2796b. Legislative review procedures (a) Applicability (1) Subject to paragraph (2), in the case of any agreement involving the lease under this sub- chapter, 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 re- 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-