
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2796a]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
    SUBCHAPTER VI--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR 
              COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES
 
Sec. 2796a. Reports to Congress


(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, 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.

(c) Transmission of certification

    The certification required by subsection (a) of this section 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.

(Pub. L. 90-629, ch. 6, Sec. 62, as added Pub. L. 97-113, title I, 
Sec. 109(a), Dec. 29, 1981, 95 Stat. 1525; amended Pub. L. 104-164, 
title I, Sec. 141(e)(1), July 21, 1996, 110 Stat. 1432.)

                       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, as amended. Chapter 2 of 
part II of that Act is classified generally to part II (Sec. 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.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-164, Sec. 141(e)(1)(A), substituted 
``Before'' for ``Not less than 30 days before''.
    Subsec. (b). Pub. L. 104-164, Sec. 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, Sec. 141(e)(1)(C), added subsec. (c).


                    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.

                         Delegation of Functions

    Functions of President under subsec. (a) of this section delegated 
to Secretary of Defense by section 1(r) of Ex. Ord. No. 11958, Jan. 18, 
1977, 42 F.R. 4311, as amended, set out as a note under section 2751 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2796b of this title.
