Title 22 — Foreign Relations and Intercourse
Chapter 39 — Arms Export Control
§ 2796b. Legislative review procedures
Statutory text
Applicability
Subject to paragraph (2), in the case of any agreement involving the lease under this subchapter, 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 replacement cost less any depreciation in its value) at $14,000,000 or more, or (ii) defense articles 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 proposed lease or loan.
In the case of an agreement described in paragraph (1) that is entered into with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, the Republic of Korea, Israel, or New Zealand, the limitations in paragraph (1) shall apply only if the agreement involves a lease or loan of—
major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $25,000,000 or more; or
defense articles valued (in terms of their replacement cost less any depreciation in their value) at $100,000,000 or more.
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 International Security Assistance and Arms Export Control Act of 1976.
Highly privileged nature of resolution
For the purpose of expediting the consideration and enactment of joint resolutions under subsection (a), a motion to proceed to the consideration 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.
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.
The Foreign Military Sales Act
Pub. L. 90–629 · 82 Stat. 1320
Enacted · 22 U.S.C. § 2796b
Pub. L. 90–629, ch. 6, § 63, 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, § 63, as added Pub. L. 97–113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525Pub. L. 99–247 § 1(d)(1) · 100 Stat. 9
Substituted · 22 U.S.C. § 2796b(a)(1)
Pub. L. 99–247, § 1(d)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 99–247, § 1(d)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to”.Enacted provision · exact public law section
(1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; andPub. L. 99–247 § 1(d)(2) · 100 Stat. 9
Inserted · 22 U.S.C. § 2796b(b)
Pub. L. 99–247, § 1(d)(2), inserted “joint” before “resolution”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–247, § 1(d)(2), inserted “joint” before “resolution”.Enacted provision · exact public law section
(1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; andPub. L. 99–247 § 1(d)(3) · 100 Stat. 9
Substituted · 22 U.S.C. § 2796b(c)
Pub. L. 99–247, § 1(d)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions”
Substituted · 22 U.S.C. § 2796b(c)
Pub. L. 99–247, § 1(d)(3), substituted “such joint resolution” for “such resolution”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–247, § 1(d)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions” and “such joint resolution” for “such resolution”.Enacted provision · exact public law section
(1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; andPub. L. 104–164 title I § 141(e)(2) · 110 Stat. 1421
Redesignated · 22 U.S.C. § 2796b(a)
Pub. L. 104–164 redesignated par. (1) as entire subsec. (a)
Substituted · 22 U.S.C. § 2796b(a)
Pub. L. 104–164 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 receiving the certification with respect to that proposed agreement pursuant to section 2796a(a) of this title”
Struck · 22 U.S.C. § 2796b(a)
Pub. L. 104–164 struck out par. (2) which read as follows: “This section 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.”
Source evidence
Code amendment note
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 receiving 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 section 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.”Enacted provision · exact public law section
(2) Congressional disapproval.— Section 63(a) of such Act (22 U.S.C. 2796b(a)) is amended— (A) by striking “(a)(1)” and inserting “(a)”; (B) by striking “30 calendar days after receiving the certification with respect to that proposed agreement pursuant to section 62(a),” and inserting “the 15-day or 30-day period specified in section 62(c) (1) or (2), as the case may be,”; and (C) by striking paragraph (2).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.Security Assistance Act of 2002
Pub. L. 107–228 div. B title XIV § 1405(a)(3) · 116 Stat. 1350
Amended · 22 U.S.C. § 2796b(a)
Pub. L. 107–228 designated existing provisions as par. (1)
Substituted · 22 U.S.C. § 2796b(a)
Pub. L. 107–228 substituted “Subject to paragraph (2), in the case of” for “In the case of”
Added · 22 U.S.C. § 2796b(a)
Pub. L. 107–228 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–228 designated existing provisions as par. (1), substituted “Subject to paragraph (2), in the case of” for “In the case of”, and added par. (2).Enacted provision · exact public law section
(3) in section 63(a) (22 U.S.C. 2796b(a))— (A) by striking “In the case of” and inserting “(1) Subject to paragraph (2), in the case of”; and (B) by adding at the end the following new paragraph: “(2) In the case of an agreement described in paragraph (1) that is entered into with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand, the limitations 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 depreciation 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.”; andPub. L. 110–429 title II § 203(b)(1) · 122 Stat. 4842
Inserted · 22 U.S.C. § 2796b(a)(2)
Pub. L. 110–429 inserted “the Republic of Korea,” before “or New Zealand”
Source evidence
Code amendment note
Subsec. (a)(2). 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;Security Cooperation Act of 2010
Pub. L. 111–266 title III § 301(1) · 124 Stat. 2797
Inserted · 22 U.S.C. § 2796b(a)(2)
Pub. L. 111–266 inserted “Israel,” before “or New Zealand” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 111–266 inserted “Israel,” before “or New Zealand” in introductory provisions.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
12 of 13 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a)(1), is Pub. L. 87–195, , 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 Assistance and Arms Export Control Act of 1976, referred to in subsec. (b), is section 601(b) of Pub. L. 94–329, , 90 Stat. 765, which made provision for expedited procedures in the Senate, and was not classified to the Code.
Amendments1986–2010 · 5 rounds
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 Republic of Korea,” before “or New Zealand”.
2002
Subsec. (a). Pub. L. 107–228 designated existing provisions as par. (1), substituted “Subject to paragraph (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 receiving 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 section 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), substituted “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 “enactment of joint resolutions” for “adoption of concurrent 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 respect to certifications required to be submitted on or after , see section 141(f) of Pub. L. 104–164, set out as a note under section 2753 of this title.
Credits
1981–2010 · 6 acts
- 1981Pub. L. 90–629, ch. 6, § 63, as added Pub. L. 97–113, title I, § 109(a), , 95 Stat. 1525
- 1986amended Pub. L. 99–247, § 1(d), , 100 Stat. 9
- 1996Pub. L. 104–164, title I, § 141(e)(2), , 110 Stat. 1433
- 2002Pub. L. 107–228, div. B, title XIV, § 1405(a)(3), , 116 Stat. 1457
- 2008Pub. L. 110–429, title II, § 203(b)(1), , 122 Stat. 4845
- 2010Pub. L. 111–266, title III, § 301(1), , 124 Stat. 2804.
Show as published
(Pub. L. 90–629, ch. 6, § 63, as added Pub. L. 97–113, title I, § 109(a), , 95 Stat. 1525; amended Pub. L. 99–247, § 1(d), , 100 Stat. 9; Pub. L. 104–164, title I, § 141(e)(2), , 110 Stat. 1433; Pub. L. 107–228, div. B, title XIV, § 1405(a)(3), , 116 Stat. 1457; Pub. L. 110–429, title II, § 203(b)(1), , 122 Stat. 4845; Pub. L. 111–266, title III, § 301(1), , 124 Stat. 2804.)