§ 2796a. Reports to Congress

Statutory text

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

Before 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 [22 U.S.C. 2311 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—

the country or international organization to which the defense article is to be leased or loaned;

the type, quantity, and value (in terms of replacement cost) of the defense article to be leased or loaned;

the terms and duration of the lease or loan; and

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.

Waiver; determination of emergency

The President may waive the requirements of this section (and in the case of an agreement described 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 security interests involved.

Transmission of certification

The certification required by subsection (a) shall be transmitted—

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

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.

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.

1981
The Foreign Military Sales Act
Pub. L. 90–629 · 82 Stat. 1320
Enacted · 22 U.S.C. § 2796a
Pub. L. 90–629, ch. 6, § 62, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525
Source evidence
Code source credit
Pub. L. 90–629, ch. 6, § 62, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525
1996
Pub. L. 104–164 § 141(e)(1)(A) · 110 Stat. 1421
Substituted · 22 U.S.C. § 2796a(a)
Pub. L. 104–164, § 141(e)(1)(A), substituted “Before” for “Not less than 30 days before”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–164, § 141(e)(1)(A), substituted “Before” for “Not less than 30 days before”.
Enacted provision · exact public law section
(A) in subsection (a), by striking “Not less than 30 days before” and inserting “Before”;
Effective date note
Amendment by Pub. L. 104–164 applicable with respect 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.
1996
Pub. L. 104–164 § 141(e)(1)(B) · 110 Stat. 1421
1. Substituted · 22 U.S.C. § 2796a(b)
  Pub. L. 104–164, § 141(e)(1)(B), substituted “states in his certification” for “determines, and immediately reports to the Congress”
2. Inserted · 22 U.S.C. § 2796a(b)
  Pub. L. 104–164, § 141(e)(1)(B), 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.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–164, § 141(e)(1)(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.”
Enacted provision · exact public law section
(B) in subsection (b)— (i) by striking “determines, and immediately reports to the Congress” and inserting “states in his certification”; and (ii) by adding at the end of the subsection the President. following: “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.“; and
Effective date note
Amendment by Pub. L. 104–164 applicable with respect 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.
1996
Pub. L. 104–164 § 141(e)(1)(C) · 110 Stat. 1421
Added · 22 U.S.C. § 2796a(c)
Pub. L. 104–164, § 141(e)(1)(C), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–164, § 141(e)(1)(C), added subsec. (c).
Enacted provision · exact public law section
(C) by adding at the end of the section the following: “(c) 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, 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.”.
Effective date note
Amendment by Pub. L. 104–164 applicable with respect 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.
2008
Pub. L. 110–429 title II § 203(b)(1) · 122 Stat. 4842
Inserted · 22 U.S.C. § 2796a(c)(1)
Pub. L. 110–429 inserted “the Republic of Korea,” before “or New Zealand”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 110–429 inserted “the Republic of Korea,” before “or New Zealand”.
Enacted provision · exact public law section
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), 22 USC 2753, 2761, 2776, 2796a, 2796b. by inserting “the Republic of Korea,” before “or New Zealand” each place it appears;
2010
Security Cooperation Act of 2010
Pub. L. 111–266 title III § 301(1) · 124 Stat. 2797
Inserted · 22 U.S.C. § 2796a(c)(1)
Pub. L. 111–266 inserted “Israel,” before “or New Zealand”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 111–266 inserted “Israel,” before “or New Zealand”.
Enacted provision · exact public law section
(1) in 22 USC 2753, 2761, 2776, 2796a, 2796b. sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting “Israel,” before “or New Zealand” each place it appears; and
2014
Pub. L. 113–276 title II § 208(a)(4) · 128 Stat. 2989
Inserted · 22 U.S.C. § 2796a(a)
Pub. L. 113–276 inserted “the Committee on Foreign Affairs of the House of Representatives,” after “the Speaker of the House of Representatives,” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–276 inserted “the Committee on Foreign Affairs of the House of Representatives,” after “the Speaker of the House of Representatives,” in introductory provisions.
Enacted provision · exact public law section
(4) in sections 27(f) and 62(a), 22 USC 2767, 2796. by inserting after “the Speaker of the House of Representatives,” each place it appears the following: “the Committee on Foreign Affairs of the House of Representatives,”; and

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (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.

Amendments1996–2014 · 4 rounds

2014

Subsec. (a). Pub. L. 113–276 inserted “the Committee on Foreign Affairs of the House of Representatives,” after “the Speaker of the House of Representatives,” 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 Republic of Korea,” before “or New Zealand”.

1996

Subsec. (a). Pub. L. 104–164, § 141(e)(1)(A), substituted “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 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.”

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

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–164 applicable with respect 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 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.

Credits

1981–2014 · 5 acts

1981Pub. L. 90–629, ch. 6, § 62, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525
1996amended Pub. L. 104–164, title I, § 141(e)(1), July 21, 1996, 110 Stat. 1432
2008Pub. L. 110–429, title II, § 203(b)(1), Oct. 15, 2008, 122 Stat. 4845
2010Pub. L. 111–266, title III, § 301(1), Oct. 8, 2010, 124 Stat. 2804
2014Pub. L. 113–276, title II, § 208(a)(4), Dec. 18, 2014, 128 Stat. 2993.

Show as published

(Pub. L. 90–629, ch. 6, § 62, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525; amended 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.)