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

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 No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex.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-