§ 2796. Leasing authority

Footnotes

1. 1 So in original. The words “the fiscal year” probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   The Foreign Military Sales Act

   Pub. L. 90–629 · 82 Stat. 1320

   Enacted · 22 U.S.C. § 2796

   Pub. L. 90–629, ch. 6, § 61, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1524

   Source evidence

   Code source credit
   Pub. L. 90–629, ch. 6, § 61, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1524

2. 1986

   Pub. L. 99–500 § 147 · 100 Stat. 1783-351

   Inserted · 22 U.S.C. § 2796(a)

   Pub. L. 99–500 and Pub. L. 99–591 inserted provision authorizing the President to waive the requirements of par. (3) 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 and providing exceptions to such waiver authority

   Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–500 and Pub. L. 99–591 inserted provision authorizing the President to waive the requirements of par. (3) 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 and providing exceptions to such waiver authority.

3. 1987

   Department of Commerce Appropriation Act, 1988

   Pub. L. 100–202 § 101(e)(tV)(s556) · 101 Stat. 1329

   Substituted · 22 U.S.C. § 2796(a)

   Pub. L. 100–202 substituted “1988” for “1987” in par. (B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–202 substituted “1988” for “1987” in par. (B).

   Enacted provision · exact public law section
   Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

4. 1988

   Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989

   Pub. L. 100–461 title V § 552 · 102 Stat. 2268

   Substituted · 22 U.S.C. § 2796(a)

   Pub. L. 100–461 substituted “1989” for “1988” in par. (B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–461 substituted “1989” for “1988” in par. (B).

   Enacted provision · exact public law section
   Sec. 552. reciprocal leasing Section 61(a) of the Arms Export Control Act is amended 22 USC 2796. by striking out “1988” and inserting in lieu thereof “1989”.

5. 1989

   Pub. L. 101–167 title V § 550 · 103 Stat. 1195

   Substituted · 22 U.S.C. § 2796(a)

   Pub. L. 101–167 substituted “1990” for “1989” in par. (B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–167 substituted “1990” for “1989” in par. (B).

   Enacted provision · exact public law section
   Sec. 550. reciprocal leasing Section 61(a) of the Arms Export Control Act is amended 22 USC 2796. by striking out “1989” and inserting in lieu thereof “1990”.

6. 1990

   European Bank for Reconstruction and Development Act

   Pub. L. 101–513 title V § 546 · 104 Stat. 1979

   Substituted · 22 U.S.C. § 2796(a)

   Pub. L. 101–513 substituted “1991” for “1990” in par. (B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–513 substituted “1991” for “1990” in par. (B).

   Enacted provision · exact public law section
   Sec. 546. reciprocal leasing Section 61(a) of the Arms Export Control Act is amended 22 USC 2796. by striking out “1990” and inserting in lieu thereof “1991”.

7. 1992

   Pub. L. 102–266 § 102 · 106 Stat. 92

   Added · 22 U.S.C. § 2796(a)

   Pub. L. 102–266 added Pub. L. 102–145, § 118. See 1991 Amendment note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–266 added Pub. L. 102–145, § 118. See 1991 Amendment note below.

   Enacted provision · exact public law section
   Sec. 102. Insert the following new sections: “Sec. 114. Notwithstanding any other provision of this joint resolution, any rate for operations for any project or activity funded by this joint resolution for foreign operations, export financing, and related programs that is based on the current rate for operations shall be defined to be the amounts appropriated in fiscal year 1991. “Sec. 115. Notwithstanding any other provision of this joint resolution: the rate for operations for Payment to the Foreign Service Retirement and Disability Fund’, ‘Operating Expenses of the Agency for International Development’, ‘Operating Expenses of the Agency for International Development Office of Inspector General’, ‘Peace Corps’ and ‘Migration and Refugee Assistance’ shall be the amount included for each in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House of Representatives on June 19, 1991: Provided, That no funds are provided by this joint resolution for ‘Contribution to the Enhanced Structural Adjustment Facility of the International Monetary Fund’: Provided further, That for the cost as defined in section 13201 of the Budget Enforcement Act of 1990, of direct and guaranteed loans authorized by section 234 of the Foreign Assistance Act of 1961, the rate for operations shall be $9,080,000, and for administrative expenses of that program the rate for operations shall be $8,250,000: Provided further, That for the costs as defined in section 13201 of the Budget Enforcement Act of 1990, of guaranteed loans authorized by section 108 of the Foreign Assistance Act of 1961, the rate of operations shall be $2,668,000; and for administrative expenses to carry out such guaranteed loan program, the rate of operations shall be $1,367,000: Provided further, That the rate for operations for ‘Administrative Expenses’ of the Export-Import Bank of the United States, shall be $38,613,000, including administrative expenses incurred in connection with contracting for the issuance and servicing of insurance and reinsurance or in lieu of contracting for the performance of such services by the Export-Import Bank: Provided further, That the rate for operations for the ‘Multilateral Assistance Initiative’ for the Philippines shall be $100,000,000. “Sec. 116. Notwithstanding any other provision of this joint resolution, the following earmarks, transfers and ceilings included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513), shall not be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs: the earmarks for the Caribbean Law Institute, and the Center for the Cultural and Technical Interchange Between North and South under the heading ‘Education and Human Resources Development, Development Assistance’; the ceiling for disadvantaged private enterprise in South Africa under the heading ‘Sub-Saharan Africa, Development Assistance’; the earmark under the heading ‘Appropriate Technology’; ceiling and earmarks for El Salvador’s Special Investigative Unit, Jordan, Morocco, El Salvador’s University of Central America, and the Antarctic Protection Act under the heading ‘Economic Support Fund’; the transfer under the heading ‘Multilateral Assistance Initiative for the Philippines’; the earmark for Morocco under the heading ‘Foreign Military Financing Program’; the earmarks in section 533 for neotropical migratory bird conservation in Latin America and the Caribbean, Project Noah, the National Science Foundation’s International Biological Diversity Program, and the earmark in subsection (e) of that section; and the earmark in section 583: Provided, That of the funds appropriated by this joint resolution for foreign operations, export financing, and related programs for programs under the heading ‘Agency for International Development’, not less than $250,000,000 shall be made available for child survival activities: Provided further, That the authority and conditions applicable to ‘Migration and Refugee Assistance’ shall be only those contained in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095), as passed by the House on June 19, 1991. “Sec. 117. Notwithstanding any other provision of this joint resolution, earmarks, transfers, ceilings, or any terms and conditions contained in Public Law 102–27, Public Law 102–55, or Public Law 102–229 applicable to funds appropriated for foreign operations, export financing, and related programs shall not be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs. “Sec. 118. Notwithstanding any other provision of this joint resolution, the authority and conditions provided in sections 531 (except for subsection (f)(3)), 538, and 549 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513) shall not be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs: Provided, That the authority and conditions provided 22 USC 2375, 2764 note, 2796. in sections 545, 552, 560, 571, 572, 583, 585, and under the heading ‘Foreign Military Sales Debt Reform’, of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991, shall be applicable to funds appropriated by this joint resolution (and are hereby enacted) in lieu of the authority and conditions provided in sections 546, 553, 562A, 573, 574, 596(d), 599B, and under the heading ‘Foreign Military Sales Debt Reform’, respectively, in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513): Provided further, That the authority and conditions applicable to funds appropriated by this joint resolution to the Export-Import Bank of the United States shall be those contained under the heading ‘Export-Import Bank of the United States’ of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991, except for the program ceiling in the first proviso, and the fourth proviso, under the ‘Subsidy Appropriation’ subheading: Provided further, That assistance under the heading ‘International Military Education and Training* may be made available for Malaysia: Provided further, That when applying section 512 and section 545 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513) to funds appropriated by this joint resolution, the countries of Angola and Cambodia shall be construed to not be on the list of countries included in these sections: Provided further, That for purposes of satisfying the requirements of section 484 of the Foreign Assistance Act of 1961, funds appropriated by this joint resolution for the ‘Foreign Military Financing Program’ may be used to finance the leasing of aircraft under chapter 6 of the Arms Export Control Act in accordance with the provisions of section 3(g) of the International Narcotics Control Act of 1990 (Public Law 101–623): Provided further, That, notwithstanding any other provision of this joint resolution, section 812 of the International Security and Development Cooperation 99 Stat. 264. Termination date. Act of 1985, is repealed: Provided further, That notwithstanding any other provision of this joint resolution, the period of availability of funds appropriated for foreign operations, export financing, and related programs shall be, for each appropriation item, the period of availability included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991, except that for Development Assistance and for the Peace Corps funds shall remain available until September 30, 1993. “Sec. 119. Notwithstanding any other provision of this joint resolution, the authority and conditions applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs under the headings ‘Contribution to the International Development Association’, ‘Contribution to the International Finance Corporation’, ‘Contribution to the Asian Development Bank’, and ‘Contribution to the Asian Development Fund’ shall be those included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991. “Sec. 120. Notwithstanding any other provision of this joint resolution, the following earmarks shall be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs for ‘International Organizations and Programs’ in lieu of the earmarks for the same programs, funds or agencies included under that heading in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513): $85,000,000 for the United Nations Children’s Fund, $27,500,000 for the International Atomic Energy Agency, $18,193,000 for the United Nations Environment Program, $2,000,000 for the United Nations Afghanistan Emergency Trust Fund, and $18,362,000 for the International Fund for Agricultural Development. “(including transfer of funds) “Sec. 121. In order to avoid the prospect that instability or resurgent totalitarianism in the former Soviet Union would threaten United States national security, and in view of the substantial savings in defense made possible by changes in the former Soviet Union and in view of the need to secure these changes in order to achieve continued savings, of the funds appropriated by this joint resolution for foreign operations, export financing, and related programs, funds appropriated under the heading ‘Economic Support Fund’ may be made available for support for the economic and democratic development of the former Soviet Republics: Provided, That of the funds made available by this section, $50,000,000 may be made available to provide agricultural commodities for the people of the former Soviet Republics, with special emphasis on children and pre- and post-natal women: Provided further, That funds made available by this section may be used for administrative costs of the Agency for International Development in carrying out this program in accordance with the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds made available by this joint resolution for foreign operations, export financing, and related programs that are provided for assistance for the former Soviet Republics shall be made available except through the regular notification procedures of the Committees on Appropriations: Provided further, That, notwithstanding any other provision of this joint resolution, the Export-Import Bank Act of 1945, is amended (1) in section 7, by repealing subsection 12 USC 635e. 12 USC 635. (b), and (2) in section 2, by deleting in subsection 2(b)(3) ‘(ii) in an amount which equals or exceeds $25,000,000 for the export of goods or services involving research, exploration, or production of fossil fuel energy resources in the Union of Soviet Socialist Republics,’ and (3) in subsection 2(b)(3) by redesignating ‘(iii)’ as ‘(ii)’; and section 613 of the Trade Act of 1974 is repealed: Provided further, 19 USC 2487. That funds made available by this joint resolution for foreign operations, export financing, and related programs for assistance in furtherance of the purposes of this section may be made available notwithstanding any other provision of law. “Sec. 122. (a) Of the funds appropriated by this joint resolution for foreign operations, export financing, and related programs for the ‘Foreign Military Financing Program’, not more than the amount allocated pursuant to Public Law 102–145, $21,250,000, may be made available for military assistance for El Salvador; and such assistance shall be used only for non-lethal items for maintenance, sustainment, restructuring, and reduction and only in strict accordance with the newly defined mission of the Salvadoran Armed Forces as embodied within the Salvadoran Peace Accords. “(b) Of the funds appropriated for the “Foreign Military Financing Program’ by this joint resolution, not less than $63,750,000 shall be transferred to the Demobilization and Transition Fund established by section 531(f) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, and not-withstanding any other provision of this joint resolution, shall remain available until expended. “(c) Funds transferred to the Demobilization and Transition Fund (in addition to amounts otherwise made available for such assistance) may be used for the following: “(1) assistance described in section 531(f)(3) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991; “(2) assistance for law enforcement in accordance with sub-section (e) of this section; and “(3) assistance for reconstruction which directly supports the implementation of the Peace Accords, including implementation of the National Reconstruction Plan of the Government of El Salvador. “(d) None of the funds transferred to the Demobilization and Transition Fund shall be made available for obligation from the Fund except through the regular reprogramming procedures of the Committees on Appropriations, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate. “(e) Funds transferred to the Demobilization and Transition Fund may be used for assistance for law enforcement in a manner consistent with the Salvadoran Peace Accords and the National Reconstruction Plan of the Government of El Salvador, and may be made available notwithstanding section 660 of the Foreign Assistance Act of 1961. “(f) Of the funds appropriated by this joint resolution under the heading ‘Economic Support Fund’, not less than $1,000,000 shall be made available to support El Salvador’s Truth Commission and its investigations and publicization through reports of its findings and recommendations of unsolved human rights cases, including those specifically referred to in section 538 of Public Law 101–513, with a view to making recommendations on legal, political or administrative steps by the Government of El Salvador, including to bring to trial and verdict persons found responsible for such Reports. acts and to prevent recurrence of such acts. The Secretary of State will transmit reports of the Truth Commission to the appropriate Committees of Congress in a timely manner. ““Sec. 123. Commitments to guarantee loans for foreign operations, export financing, and related programs under the “Housing Guarantee Program Account’ may be entered into notwithstanding the second sentence of section 222(a) and, with regard to programs for Eastern Europe, section 223(j) of the Foreign Assistance Act of 1961. “Sec. 124. The program authorized by section 534 of the Foreign 22 USC 2346c note. Assistance Act of 1961 may continue from funds appropriated by this joint resolution for foreign operations, export financing, and related programs, notwithstanding the last sentence of section 534(e) of that Act: Provided, That such programs may include the protection of participants in judicial cases, notwithstanding section 660 of that Act: Provided further, That, notwithstanding sections 534(c) and 660 of that Act, (1) up to $10,000,000 to provide support for a professional civilian police force for Panama, except that such assistance shall not include more than $5,000,000 for the procurement of equipment for law enforcement purposes, and shall not include lethal equipment, and (2) up to $16,000,000 for Bolivia, Colombia, and Peru. “Sec. 125. (a) International Finance Corporation.— Not-withstanding any other provision of this joint resolution, the International Finance Corporation Act is amended by adding at the end the following: “‘SEC. 14. CAPITAL STOCK INCREASE. “‘(a) Subscription Authorized.— “‘(1) In general.— The United States Governor of the Corporation may— “‘(A) vote for an increase of 1,000,000 shares in the authorized capital stock of the Corporation; and “‘(B) subscribe on behalf of the United States to 250,000 additional shares of the capital stock of the Corporation. “‘(2) Prior appropriation required.— The subscription authority provided in paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. “‘(b) Limitations on Authorization of Appropriations.— In order to pay for the subscription authorized in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $50,000,000 for payment by the Secretary of the Treasury.’. “(b) Asian Development Bank.— Notwithstanding any other provision of this joint resolution, the Asian Development Bank Act is amended by adding at the end the following: “‘SEC. 30. CAPITAL INCREASE. “‘(a) Subscription Authorized.— (1) The United States Governor of the Bank may subscribe on behalf of the United States to 35,230 additional shares of the capital stock of the Bank. (2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. “‘(b) Limitations on Authorization of Appropriations.— In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $213,000,000 for payment by the Secretary of the Treasury.’. “(c) African Development Fund.— Notwithstanding any other provision of this joint resolution, the African Development Fund Act is amended by adding at the end the following: “‘SEC. 216. SIXTH REPLENISHMENT. “‘(a) Contribution Authorized.— The United States Governor of the Fund is authorized to contribute $405,000,000 to the sixth replenishment of the resources of the Fund, except that such authority shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. “‘(b) Limitations on Authorization of Appropriations.— In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $135,000,000 for payment by the Secretary of the Treasury.’. “Sec. 126. Notwithstanding any other provision of this joint resolution, each discretionary appropriation provided in this joint resolution for foreign operations, export financing, and related programs except those funds made available by section 127, is hereby reduced by 1.4781 per centum. “Sec. 127. Notwithstanding any other provision of this joint resolution, the following appropriation is made: “DEPARTMENT OF STATE “International Organizations and Conferences “contributions for international peacekeeping activities “For an additional amount for ‘Contributions for International Peacekeeping Activities’, in addition to amounts otherwise available for such purposes, $270,000,000, to remain available until expended, notwithstanding section 15 of the State Department Basic Authorities Act of 1956. “Sec. 128. Notwithstanding any other provision of this joint resolution, the following appropriation is made: “Small Business Administration “disaster loans program account “For an additional amount for the cost of direct loans, $82,025,000, to remain available until expended: Provided, That these funds are available to subsidize additional gross obligations for the principal amount of direct loans not to exceed $241,748,000. “In addition, for administrative expenses to carry out the disaster loan program, an additional $25,000,000, which may be transferred to and merged with the appropriations for ‘Salaries and expenses’. “Congress hereby designates these amounts as emergency requirements pursuant to section 251(b)(2)(D) of the Budget Enforcement Act of 1990.”.

8. 1991

   Pub. L. 102–145 § 118 · 105 Stat. 968

   1. Added · 22 U.S.C. § 2796(a)

      Pub. L. 102–145, § 118, as added by Pub. L. 102–266

   2. Substituted · 22 U.S.C. § 2796(a)

      Pub. L. 102–145, § 118, as substituted “1992” for “1991” in par. (B). See Codification note above

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–145, § 118, as added by Pub. L. 102–266, substituted “1992” for “1991” in par. (B). See Codification note above.

9. 1992

   Pub. L. 102–391 title V § 544 · 106 Stat. 1633

   Substituted · 22 U.S.C. § 2796(a)

   Pub. L. 102–391 substituted “1993” for “1992” in par. (B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–391 substituted “1993” for “1992” in par. (B).

   Enacted provision · exact public law section
   Sec. 544. reciprocal leasing Section 61(a) of the Arms Export Control Act is amended by striking out “1992” and inserting in lieu thereof “1993”.

10. 1993

    Pub. L. 103–87 title V § 524 · 107 Stat. 931

    Substituted · 22 U.S.C. § 2796(a)

    Pub. L. 103–87 substituted “1994” for “1993” in par. (B)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–87 substituted “1994” for “1993” in par. (B).

11. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 title VII § 731(e) · 108 Stat. 382

    1. Struck · 22 U.S.C. § 2796(a)

       Pub. L. 103–236 struck out “and” at end of par. (2)

    2. Added · 22 U.S.C. § 2796(a)

       Pub. L. 103–236 added par. (3)

    3. Redesignated · 22 U.S.C. § 2796(a)

       Pub. L. 103–236 redesignated former par. (3) as (4)

    4. Substituted · 22 U.S.C. § 2796(a)

       Pub. L. 103–236 substituted “paragraph (4)” for “paragraph (3)” in two places in provisions following par. (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–236 struck out “and” at end of par. (2), added par. (3), redesignated former par. (3) as (4), and substituted “paragraph (4)” for “paragraph (3)” in two places in provisions following par. (4).

    Enacted provision · exact public law section
    (e) Leases Under Arms Export Control Act.— Section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended— (1) by striking “and” at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); (3) by inserting after paragraph (2) the following new paragraph (3): “(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”; and (4) in the matter following paragraph (4) (as redesignated by paragraph (2) of this subsection) by striking “paragraph (3)” each place it appears and inserting “paragraph (4)”.

12. 1994

    Pub. L. 103–306 title V § 524 · 108 Stat. 1608

    Substituted · 22 U.S.C. § 2796(a)

    Pub. L. 103–306 substituted “1995” for “1994” in par. (B)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–306 substituted “1995” for “1994” in par. (B).

13. 1996

    Pub. L. 104–107 title V § 524 · 110 Stat. 704

    Substituted · 22 U.S.C. § 2796(a)

    Pub. L. 104–107 substituted “1996” for “1995” in par. (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–107 substituted “1996” for “1995” in par. (B).

    Enacted provision · exact public law section
    Sec. 524. reciprocal leasing Section 61(a) of the Arms Export Control Act is 22 USC 2796. amended by striking out “1995” and inserting in lieu thereof “1996”.

14. 1996

    Pub. L. 104–164 § 153(a) · 110 Stat. 1421

    Struck and inserted · 22 U.S.C. § 2796(a)

    Pub. L. 104–164, § 153(a), struck out “, or to any defense article which has passed three-quarters of its normal service life.” after “electronics interface projects” in second sentence and inserted after second sentence “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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–164, § 153(a), struck out “, or to any defense article which has passed three-quarters of its normal service life.” after “electronics interface projects” in second sentence and inserted after second sentence “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.”

    Enacted provision · exact public law section
    (a) In General.— Section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended— (1) in the second sentence, by striking “, or to any defense article which has passed three-quarters of its normal service life”; and (2) by inserting after the second sentence the following new sentence: “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.”.

    Effective date note
    Pub. L. 104–164, title I, § 153(b), July 21, 1996, 110 Stat. 1440, provided that: “The third sentence of section 61(a) of the Arms Export Control Act, as added by subsection (a)(2) [22 U.S.C. 2796(a)], shall apply only with respect to a defense article leased on or after the date of the enactment of this Act [July 21, 1996].”

15. 1996

    Pub. L. 104–164 § 146 · 110 Stat. 1421

    Substituted · 22 U.S.C. § 2796(a)(4)

    Pub. L. 104–164, § 146, substituted “and, if the articles are lost or destroyed while leased—

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–164, § 146, substituted “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” for “and the replacement cost (less any depreciation in the value) of the articles if the articles are lost or destroyed while leased”.

    Enacted provision · exact public law section
    SEC. 146. COST OF LEASED DEFENSE ARTICLES THAT HAVE BEEN LOST OR DESTROYED. Section 61(a)(4) of the Arms Export Control Act (22 U.S.C. 2796(a)(4)) is amended by striking “and the replacement cost” and all that follows and inserting the following: “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.”.

    Effective date note
    Pub. L. 104–164, title I, § 153(b), July 21, 1996, 110 Stat. 1440, provided that: “The third sentence of section 61(a) of the Arms Export Control Act, as added by subsection (a)(2) [22 U.S.C. 2796(a)], shall apply only with respect to a defense article leased on or after the date of the enactment of this Act [July 21, 1996].”

16. 1996

    Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 div. A title I § 101(c)(tV)(s524) · 110 Stat. 3009

    Substituted · 22 U.S.C. § 2796(a)

    Pub. L. 104–208 substituted “1997” for “1996” in par. (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–208 substituted “1997” for “1996” in par. (B).

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

17. 1997

    Child Survival and Disease Programs Fund

    Pub. L. 105–118 title V § 524 · 111 Stat. 2386

    Substituted · 22 U.S.C. § 2796(a)

    Pub. L. 105–118 substituted “1998” for “1997” in par. (B)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–118 substituted “1998” for “1997” in par. (B).

    Enacted provision · exact public law section
    Sec. 524. RECIPROCAL LEASING Section 61(a) of the Arms Export Control Act is amended by striking out “1997” and inserting in lieu thereof “1998”.

18. 1998

    Pub. L. 105–277 div. A § 101(d)(tV)(s524) · 112 Stat. 2681

    Substituted · 22 U.S.C. § 2796(a)

    Pub. L. 105–277 substituted “the current fiscal year” for “1998” in par. (B)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–277 substituted “the current fiscal year” for “1998” in par. (B).

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

19. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 div. B title XII § 1233 · 116 Stat. 1350

    1. Amended · 22 U.S.C. § 2796(b)

       Pub. L. 107–228 designated existing provisions as par. (1)

    2. Substituted · 22 U.S.C. § 2796(b)

       Pub. L. 107–228 substituted “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,” for “of not to exceed five years”

    3. Added · 22 U.S.C. § 2796(b)

       Pub. L. 107–228 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–228 designated existing provisions as par. (1), substituted “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,” for “of not to exceed five years”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS. Section 61(b) of the Arms Export Control Act (22 U.S.C. 2796(b)), is amended— (1) by striking “(b) Each lease agreement” and inserting “(b)(1) Each lease agreement”; (2) by striking “of not to exceed five years” and inserting “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 (3) by adding at the end the following: “(2) In this subsection, the term “major refurbishment work’ means work for which the period of performance is 6 months or more.”.

19 of 25 references resolved to an enrolled provision · 5 partial · 1 unresolved