22 U.S.C. § 2796a | Reports to Congress

(a)

Written certification to Speaker of the House and chairmen of Congressional committees

22 U.S.C. 2311Before 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 [ et seq.], for a period of one year or longer, the President shall transmit to the Speaker of the House of Representatives, the Committee on Foreign Affairs 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

section 2796b of this titleThe President may waive the requirements of this section (and in the case of an agreement described in , 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) 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 Republic 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 organization or country.

Pub. L. 90–629 Pub. L. 97–113, title I, § 109(a)Dec. 29, 198195 Stat. 1525 Pub. L. 104–164, title I, § 141(e)(1)July 21, 1996110 Stat. 1432 Pub. L. 110–429, title II, § 203(b)(1)Oct. 15, 2008122 Stat. 4845 Pub. L. 111–266, title III, § 301(1)Oct. 8, 2010124 Stat. 2804 Pub. L. 113–276, title II, § 208(a)(4)Dec. 18, 2014128 Stat. 2993(, ch. 6, § 62, as added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 87–195Sept. 4, 196175 Stat. 424 section 2151 of this titleThe Foreign Assistance Act of 1961, referred to in subsec. (a), is , , . 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 and Tables.

Pub. L. 90–629Oct. 22, 196882 Stat. 1321 section 2751 of this titleThis chapter, referred to in subsec. (a)(4), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 113–2762014—Subsec. (a). inserted “the Committee on Foreign Affairs of the House of Representatives,” after “the Speaker of the House of Representatives,” in introductory provisions.

Pub. L. 111–2662010—Subsec. (c)(1). inserted “Israel,” before “or New Zealand”.

Pub. L. 110–4292008—Subsec. (c)(1). inserted “the Republic of Korea,” before “or New Zealand”.

Pub. L. 104–164, § 141(e)(1)(A)1996—Subsec. (a). , substituted “Before” for “Not less than 30 days before”.

Pub. L. 104–164, § 141(e)(1)(B)Subsec. (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.”

Pub. L. 104–164, § 141(e)(1)(C)Subsec. (c). , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–164July 21, 1996section 141(f) of Pub. L. 104–164 section 2753 of this titleAmendment by applicable with respect to certifications required to be submitted on or after , see , set out as a note under .

Executive Documents

Delegation of Functions

Mar. 8, 2013section 2751 of this title section 2751 of this titleFor delegation of functions of the President under subsec. (a) of this section, see section 1(t) of Ex. Ord. No. 13637, , 78 F.R. 16131, set out as a note under . Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.