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

submitted 45 years ago by Pub. L. 90-629 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 396 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before entering or renewing a long-term lease or loan of a defense article, the President must send Congress a written certification describing the recipient, article, terms, and justification. The President may waive the requirements for a declared national-security emergency and must provide the certification before the agreement by the specified deadline.

(a) Before entering or renewing an agreement of at least one year to lease under this subchapter or loan under the Foreign Assistance Act, the President must send the House Speaker, the House Foreign Affairs Committee, the Senate Foreign Relations chairman, and the Senate Armed Services chairman a written certification stating (1) the recipient country or organization; (2) the article's type, quantity, and replacement-cost value; (3) lease or loan terms and duration; and (4) the justification, including why it will be leased or loaned instead of sold. (b) The President may waive this section and, for an agreement covered by section 2796b, that section, by stating in the certification that an emergency requires immediate action in United States national-security interests. The certification must explain the emergency, why immediate action is needed, and the national-security interests involved. (c) The certification must be sent at least 15 calendar days before the agreement for NATO, its members, Australia, Japan, South Korea, Israel, or New Zealand, and at least 30 calendar days before it for any other organization or country.

the actual law source: uscode.house.gov ↗public domain

(a) 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—

(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

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.

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.

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; 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.)

history & why it existsrecord from the source credit

1981Enacted · Pub. L. 90-629 · 95 Stat. 1525
1996Amended · Pub. L. 104-164 · 110 Stat. 1432
2008Amended · Pub. L. 110-429 · 122 Stat. 4845
2010Amended · Pub. L. 111-266 · 124 Stat. 2804
2014Amended · Pub. L. 113-276 · 128 Stat. 2993

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-629 on 1981-12-29.

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