§ 2776. — Reports and certifications to Congress on military exports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2776]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER III--MILITARY EXPORT CONTROLS
Sec. 2776. Reports and certifications to Congress on military
exports
(a) Report by President; contents
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 not more than sixty days after the end of each
quarter an unclassified report (except that any material which was
transmitted in classified form under subsection (b)(1) or (c)(1) of this
section may be contained in a classified addendum to such report, and
any letter of offer referred to in paragraph (1) of this subsection may
be listed in such addendum unless such letter of offer has been the
subject of an unclassified certification pursuant to subsection (b)(1)
of this section, and any information provided under paragraph (11) of
this subsection may also be provided in a classified addendum)
containing--
(1) a listing of all letters of offer to sell any major defense
equipment for $1,000,000 or more under this chapter to each foreign
country and international organization, by category, if such letters
of offer have not been accepted or canceled;
(2) a listing of all such letters of offer that have been
accepted during the fiscal year in which such report is submitted,
together with the total value of all defense articles and defense
services sold to each foreign country and international organization
during such fiscal year;
(3) the cumulative dollar amounts, by foreign country and
international organization, of sales credit agreements under section
2763 of this title and guaranty agreements under section 2764 of
this title made during the fiscal year in which such report is
submitted;
(4) a numbered listing of all licenses and approvals for the
export to each foreign country and international organization during
such fiscal year of commercially sold major defense equipment, by
category, sold for $1,000,000 or more, together with the total value
of all defense articles and defense services so licensed for each
foreign country and international organization, setting forth with
respect to the listed major defense equipment--
(A) the items to be exported under the license,
(B) the quantity and contract price of each such item to be
furnished, and
(C) the name and address of the ultimate user of each such
item;
(5) projections of the dollar amounts, by foreign country and
international organization, of sales expected to be made under
sections 2761 and 2762 of this title in the quarter of the fiscal
year immediately following the quarter for which such report is
submitted;
(6) a projection with respect to all sales expected to be made
to each country and organization for the remainder of the fiscal
year in which such report is transmitted;
(7) a description of each payment, contribution, gift,
commission, or fee reported to the Secretary of State under section
2779 of this title, including (A) the name of the person who made
such payment, contribution, gift, commission, or fee; (B) the name
of any sales agent or other person to whom such payment,
contribution, gift, commission, or fee was paid; (C) the date and
amount of such payment, contribution, gift, commission, or fee; (D)
a description of the sale in connection with which such payment,
contribution, gift, commission, or fee was paid; and (E) the
identification of any business information considered confidential
by the person submitting it which is included in the report;
(8) a listing of each sale under section 2769 of this title
during the quarter for which such report is made, specifying (A) the
purchaser, (B) the United States Government department or agency
responsible for implementing the sale, (C) an estimate of the dollar
amount of the sale, and (D) a general description of the real
property facilities to be constructed pursuant to such sale;
(9) a listing of the consents to third-party transfers of
defense articles or defense services which were granted, during the
quarter for which such report is submitted, for purposes of section
2753(a)(2) of this title, the regulations issued under section 2778
of this title, or section 2314(a)(1)(B) of this title, if the value
(in terms of original acquisition cost) of the defense articles or
defense services to be transferred is $1,000,000 or more;
(10) a listing of all munitions items (as defined in section
2780(l)(1) of this title) which were sold, leased, or otherwise
transferred by the Department of Defense to any other department,
agency, or other entity of the United States Government during the
quarter for which such report is submitted (including the name of
the recipient Government entity and a discussion of what that entity
will do with those munitions items) if--
(A) the value of the munitions items was $250,000 or more;
or
(B) the value of all munitions items transferred to that
Government department, agency, or other entity during that
quarter was $250,000 or more;
excluding munitions items transferred (i) for disposition or use
solely within the United States, or (ii) for use in connection with
intelligence activities subject to reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.;
relating to congressional oversight of intelligence activities);
(11) a report on all concluded government-to-government
agreements regarding foreign coproduction of defense articles of
United States origin and all other concluded agreements involving
coproduction or licensed production outside of the United States of
defense articles of United States origin (including coproduction
memoranda of understanding or agreement) that have not been
previously reported under this subsection, which shall include--
(A) the identity of the foreign countries, international
organizations, or foreign firms involved;
(B) a description and the estimated value of the articles
authorized to be produced, and an estimate of the quantity of
the articles authorized to be produced;
(C) a description of any restrictions on third-party
transfers of the foreign-manufactured articles; and
(D) if any such agreement does not provide for United States
access to and verification of quantities of articles produced
overseas and their disposition in the foreign country, a
description of alternative measures and controls incorporated in
the coproduction or licensing program to ensure compliance with
restrictions in the agreement on production quantities and
third-party transfers; and
(12) a report on all exports of significant military equipment
for which information has been provided pursuant to section 2778(i)
of this title.
For each letter of offer to sell under paragraphs (1) and (2), the
report shall specify (i) the foreign country or international
organization to which the defense article or service is offered or was
sold, as the case may be; (ii) the dollar amount of the offer to sell or
the sale and the number of defense articles offered or sold, as the case
may be; (iii) a description of the defense article or service offered or
sold, as the case may be; and (iv) the United States Armed Force or
other agency of the United States which is making the offer to sell or
the sale, as the case may be.
(b) Letter of offer to sell defense articles, services, design and
construction services, or major equipment; submission of
numbered Presidential certification and additional statement;
contents; emergency justification statement; enhancements or
upgrades in sensitivity of technology or capability of major
defense articles, equipment, or services
(1) Subject to paragraph (6), in the case of any letter of offer to
sell any defense articles or services under this chapter for $50,000,000
or more, any design and construction services for $200,000,000 or more,
or any major defense equipment for $14,000,000 or more, before such
letter of offer is issued, the President shall submit to the Speaker of
the House of Representatives and to the chairman of the Committee on
Foreign Relations of the Senate a numbered certification with respect to
such offer to sell containing the information specified in clauses (i)
through (iv) of subsection (a) of this section, or (in the case of a
sale of design and construction services) the information specified in
clauses (A) through (D) of paragraph (9) \1\ of subsection (a) of this
section, and a description, containing the information specified in
paragraph (8) \1\ of subsection (a) of this section, of any
contribution, gift, commission, or fee paid or offered or agreed to be
paid in order to solicit, promote, or otherwise to secure such letter of
offer. Such numbered certifications shall also contain an item,
classified if necessary, identifying the sensitivity of technology
contained in the defense articles, defense services, or design and
construction services, proposed to be sold, and a detailed justification
of the reasons necessitating the sale of such articles or services in
view of the sensitivity of such technology. In a case in which such
articles or services listed on the Missile Technology Control Regime
Annex are intended to support the design, development, or production of
a Category I space launch vehicle system (as defined in section 2797c of
this title), such report shall include a description of the proposed
export and rationale for approving such export, including the
consistency of such export with United States missile nonproliferation
policy. Each such numbered certification shall contain an item
indicating whether any offset agreement is proposed to be entered into
in connection with such letter of offer to sell (if known on the date of
transmittal of such certification). In addition, the President shall,
upon the request of such committee or the Committee on Foreign Affairs
of the House of Representatives, transmit promptly to both such
committees a statement setting forth, to the extent specified in such
request--
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(A) a detailed description of the defense articles, defense
services, or design and construction services to be offered,
including a brief description of the capabilities of any defense
article to be offered;
(B) an estimate of the number of officers and employees of the
United States Government and of United States civilian contract
personnel expected to be needed in such country to carry out the
proposed sale;
(C) the name of each contractor expected to provide the defense
article, defense service, or design and construction service
proposed to be sold and a description of any offset agreement with
respect to such sale;
(D) an evaluation, prepared by the Secretary of State in
consultation with the Secretary of Defense and the Director of
Central Intelligence, of the manner, if any, in which the proposed
sale would--
(i) contribute to an arms race;
(ii) support international terrorism;
(iii) increase the possibility of an outbreak or escalation
of conflict;
(iv) prejudice the negotiation of any arms controls; or
(v) adversely affect the arms control policy of the United
States;
(E) the reasons why the foreign country or international
organization to which the sale is proposed to be made needs the
defense articles, defense services, or design and construction
services which are the subject of such sale and a description of how
such country or organization intends to use such defense articles,
defense services, or design and construction services;
(F) an analysis by the President of the impact of the proposed
sale on the military stocks and the military preparedness of the
United States;
(G) the reasons why the proposed sale is in the national
interest of the United States;
(H) an analysis by the President of the impact of the proposed
sale on the military capabilities of the foreign country or
international organization to which such sale would be made;
(I) an analysis by the President of how the proposed sale would
affect the relative military strengths of countries in the region to
which the defense articles, defense services, or design and
construction services which are the subject of such sale would be
delivered and whether other countries in the region have comparable
kinds and amounts of defense articles, defense services, or design
and construction services;
(J) an estimate of the levels of trained personnel and
maintenance facilities of the foreign country or international
organization to which the sale would be made which are needed and
available to utilize effectively the defense articles, defense
services, or design and construction services proposed to be sold;
(K) an analysis of the extent to which comparable kinds and
amounts of defense articles, defense services, or design and
construction services are available from other countries;
(L) an analysis of the impact of the proposed sale on United
States relations with the countries in the region to which the
defense articles, defense services, or design and construction
services which are the subject of such sale would be delivered;
(M) a detailed description of any agreement proposed to be
entered into by the United States for the purchase or acquisition by
the United States of defense articles, defense services, design and
construction services, or defense equipment, or other articles,
services, or equipment of the foreign country or international
organization in connection with, or as consideration for, such
letter of offer, including an analysis of the impact of such
proposed agreement upon United States business concerns which might
otherwise have provided such articles, services, or equipment to the
United States, an estimate of the costs to be incurred by the United
States in connection with such agreement compared with costs which
would otherwise have been incurred, an estimate of the economic
impact and unemployment which would result from entering into such
proposed agreement, and an analysis of whether such costs and such
domestic economic impact justify entering into such proposed
agreement;
(N) the projected delivery dates of the defense articles,
defense services, or design and construction services to be offered;
(O) a detailed description of weapons and levels of munitions
that may be required as support for the proposed sale; and
(P) an analysis of the relationship of the proposed sale to
projected procurements of the same item.
A certification transmitted pursuant to this subsection shall be
unclassified, except that the information specified in clause (ii) and
the details of the description specified in clause (iii) of subsection
(a) of this section may be classified if the public disclosure thereof
would be clearly detrimental to the security of the United States, in
which case the information shall be accompanied by a description of the
damage to the national security that could be expected to result from
public disclosure of the information. The letter of offer shall not be
issued, with respect to a proposed sale to the North Atlantic Treaty
Organization, any member country of such Organization, Japan, Australia,
or New Zealand, if the Congress, within fifteen calendar days after
receiving such certification, or with respect to a proposed sale to any
other country or organization, if the Congress within thirty calendar
days after receiving such certification, enacts a joint resolution
prohibiting the proposed sale, unless the President states in his
certification that an emergency exists which requires such sale in the
national security interests of the United States. If the President
states in his certification that an emergency exists which requires the
proposed sale in the national security interest of the United States,
thus waiving the congressional review requirements of this subsection,
he shall set forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate the immediate issuance of the letter of offer and a
discussion of the national security interests involved.
(2) Any such joint resolution 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, except that for
purposes of consideration of any joint resolution with respect to the
North Atlantic Treaty Organization, any member country of such
Organization, Japan, Australia, or New Zealand, it shall be in order in
the Senate to move to discharge a committee to which such joint
resolution was referred if such committee has not reported such joint
resolution at the end of five calendar days after its introduction.
(3) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, 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.
(4) In addition to the other information required to be contained in
a certification submitted to the Congress under this subsection, each
such certification shall cite any quarterly report submitted pursuant to
section 2768 \1\ of this title which listed a price and availability
estimate, or a request for the issuance of a letter of offer, which was
a basis for the proposed sale which is the subject of such
certification.
(5)(A) If, before the delivery of any major defense article or major
defense equipment, or the furnishing of any defense service or design
and construction service, sold pursuant to a letter of offer described
in paragraph (1), the sensitivity of technology or the capability of the
article, equipment, or service is enhanced or upgraded from the level of
sensitivity or capability described in the numbered certification with
respect to an offer to sell such article, equipment, or service, then,
at least 45 days before the delivery of such article or equipment or the
furnishing of such service, the President shall prepare and transmit to
the chairman of the Committee on Foreign Affairs of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a report--
(i) describing the manner in which the technology or capability
has been enhanced or upgraded and describing the significance of
such enhancement or upgrade; and
(ii) setting forth a detailed justification for such enhancement
or upgrade.
(B) The provisions of subparagraph (A) apply to an article or
equipment delivered, or a service furnished, within ten years after the
transmittal to the Congress of a numbered certification with respect to
the sale of such article, equipment, or service.
(C) Subject to paragraph (6), if the enhancement or upgrade in the
sensitivity of technology or the capability of major defense equipment,
defense articles, defense services, or design and construction services
described in a numbered certification submitted under this subsection
costs $14,000,000 or more in the case of any major defense equipment,
$50,000,000 or more in the case of defense articles or defense services,
or $200,000,000 or more in the case of design or construction services,
then the President shall submit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a new numbered certification which relates to such
enhancement or upgrade and which shall be considered for purposes of
this subsection as if it were a separate letter of offer to sell defense
equipment, articles, or services, subject to all of the requirements,
restrictions, and conditions set forth in this subsection. For purposes
of this subparagraph, references in this subsection to sales shall be
deemed to be references to enhancements or upgrades in the sensitivity
of technology or the capability of major defense equipment, articles, or
services, as the case may be.
(D) For the purposes of subparagraph (A), the term ``major defense
article'' shall be construed to include electronic devices, which if
upgraded, would enhance the mission capability of a weapons system.
(6) The limitation in paragraph (1) and the requirement in paragraph
(5)(C) shall apply in the case of a letter of offer to sell to a member
country of the North Atlantic Treaty Organization (NATO) or Australia,
Japan, or New Zealand that does not authorize a new sales territory that
includes any country other than such countries only if the letter of
offer involves--
(A) the sale of major defense equipment under this chapter for,
or the enhancement or upgrade of major defense equipment at a cost
of, $25,000,000 or more, as the case may be; and
(B) the sale of defense articles or services for, or the
enhancement or upgrade of defense articles or services at a cost of,
$100,000,000 or more, as the case may be; or
(C) the sale of design and construction services for, or the
enhancement or upgrade of design and construction services at a cost
of, $300,000,000 or more, as the case may be.
(c) Application for export license; submission of numbered Presidential
certification and statement to Congress; contents; emergency
circumstances; joint resolution; exception; notification of
upgrades
(1) Subject to paragraph (5), in the case of an application by a
person (other than with regard to a sale under section 2761 or section
2762 of this title) for a license for the export of any major defense
equipment sold under a contract in the amount of $14,000,000 or more or
of defense articles or defense services sold under a contract in the
amount of $50,000,000 or more (or, in the case of a defense article that
is a firearm controlled under category I of the United States Munitions
List, $1,000,000 or more), before issuing such license 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 an
unclassified numbered certification with respect to such application
specifying (A) the foreign country or international organization to
which such export will be made, (B) the dollar amount of the items to be
exported, and (C) a description of the items to be exported. Each such
numbered certification shall also contain an item indicating whether any
offset agreement is proposed to be entered into in connection with such
export and a description of any such offset agreement. In addition, the
President shall, upon the request of such committee or the Committee on
Foreign Affairs of the House of Representatives, transmit promptly to
both such committees a statement setting forth, to the extent specified
in such request, a description of the capabilities of the items to be
exported, an estimate of the total number of United States personnel
expected to be needed in the foreign country concerned in connection
with the items to be exported and an analysis of the arms control impact
pertinent to such application, prepared in consultation with the
Secretary of Defense and a description from the person who has submitted
the license application of any offset agreement proposed to be entered
into in connection with such export (if known on the date of transmittal
of such statement). In a case in which such articles or services are
listed on the Missile Technology Control Regime Annex and are intended
to support the design, development, or production of a Category I space
launch vehicle system (as defined in section 2797c of this title), such
report shall include a description of the proposed export and rationale
for approving such export, including the consistency of such export with
United States missile nonproliferation policy. A certification
transmitted pursuant to this subsection shall be unclassified, except
that the information specified in clause (B) and the details of the
description specified in clause (C) may be classified if the public
disclosure thereof would be clearly detrimental to the security of the
United States, in which case the information shall be accompanied by a
description of the damage to the national security that could be
expected to result from public disclosure of the information.
(2) Unless the President states in his certification that an
emergency exists which requires the proposed export in the national
security interests of the United States, a license for export described
in paragraph (1)--
(A) in the case of a license for an export to the North Atlantic
Treaty Organization, any member country of that Organization or
Australia, Japan, or New Zealand, shall not be issued until at least
15 calendar days after the Congress receives such certification, and
shall not be issued then if the Congress, within that 15-day period,
enacts a joint resolution prohibiting the proposed export;
(B) in the case of a license for an export of a commercial
communications satellite for launch from, and by nationals of, the
Russian Federation, Ukraine, or Kazakhstan, shall not be issued
until at least 15 calendar days after the Congress receives such
certification, and shall not be issued then if the Congress, within
that 15-day period, enacts a joint resolution prohibiting the
proposed export; and
(C) in the case of any other license, shall not be issued until
at least 30 calendar days after the Congress receives such
certification, and shall not be issued then if the Congress, within
that 30-day period, enacts a joint resolution prohibiting the
proposed export.
If the President states in his certification that an emergency exists
which requires the proposed export in the national security interests of
the United States, thus waiving the requirements of subparagraphs (A)
and (B) of this paragraph, he shall set forth in the certification a
detailed justification for his determination, including a description of
the emergency circumstances which necessitate the immediate issuance of
the export license and a discussion of the national security interests
involved.
(3)(A) Any joint resolution under this subsection 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.
(B) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, 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.
(4) The provisions of subsection (b)(5) of this section shall apply
to any equipment, article, or service for which a numbered certification
has been transmitted to Congress pursuant to paragraph (1) in the same
manner and to the same extent as that subsection applies to any
equipment, article, or service for which a numbered certification has
been transmitted to Congress pursuant to subsection (b)(1) of this
section. For purposes of such application, any reference in subsection
(b)(5) of this section to ``a letter of offer'' or ``an offer'' shall be
deemed to be a reference to ``a contract''.
(5) In the case of an application by a person (other than with
regard to a sale under section 2761 or 2762 of this title) for a license
for the export to a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand that does not
authorize a new sales territory that includes any country other than
such countries, the limitations on the issuance of the license set forth
in paragraph (1) shall apply only if the license is for export of--
(A) major defense equipment sold under a contract in the amount
of $25,000,000 or more; or
(B) defense articles or defense services sold under a contract
in the amount of $100,000,000 or more.
(d) Commercial technical assistance or manufacturing licensing
agreements with non-North Atlantic Treaty Organization member
countries; submission of Presidential certification; contents
(1) In the case of an approval under section 2778 of this title of a
United States commercial technical assistance or manufacturing licensing
agreement which involves the manufacture abroad of any item of
significant combat equipment on the United States Munitions List, before
such approval is given, the President shall submit a certification with
respect to such proposed commercial agreement in a manner similar to the
certification required under subsection (c)(1) of this section
containing comparable information, except that the last sentence of such
subsection shall not apply to certifications submitted pursuant to this
subsection.
(2) A certification under this subsection shall be submitted--
(A) at least 15 days before approval is given in the case of an
agreement for or in a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, or New Zealand;
and
(B) at least 30 days before approval is given in the case of an
agreement for or in any other country;
unless the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States.
(3) If the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States, thus waiving the
requirements of paragraph (4), he shall set forth in the certification a
detailed justification for his determination, including a description of
the emergency circumstances which necessitate the immediate approval of
the agreement and a discussion of the national security interests
involved.
(4) Approval for an agreement subject to paragraph (1) may not be
given under section 2778 of this title if the Congress, within the 15-
day or 30-day period specified in paragraph (2)(A) or (B), as the case
may be, enacts a joint resolution prohibiting such approval.
(5)(A) Any joint resolution under paragraph (4) 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.
(B) For the purpose of expediting the consideration and enactment of
joint resolutions under paragraph (4), 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.
(e) Definitions
For purposes of this section--
(1) the term ``offset agreement'' means an agreement,
arrangement, or understanding between a United States supplier of
defense articles or defense services and a foreign country under
which the supplier agrees to purchase or acquire, or to promote the
purchase or acquisition by other United States persons of, goods or
services produced, manufactured, grown, or extracted, in whole or in
part, in that foreign country in consideration for the purchase by
the foreign country of defense articles or defense service from the
supplier; and
(2) the term ``United States person'' means--
(A) an individual who is a national or permanent resident
alien of the United States; and
(B) any corporation, business association, partnership,
trust, or other juridical entity--
(i) organized under the laws of the United States or any
State, district, territory, or possession thereof; or
(ii) owned or controlled in fact by individuals
described in subparagraph (A).
(f) Publication of arms sales certifications
The President shall cause to be published in a timely manner in the
Federal Register, upon transmittal to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate, the full unclassified text of--
(1) each numbered certification submitted pursuant to subsection
(b) of this section;
(2) each notification of a proposed commercial sale submitted
under subsection (c) of this section; and
(3) each notification of a proposed commercial technical
assistance or manufacturing licensing agreement submitted under
subsection (d) of this section.
(g) Confidentiality
Information relating to offset agreements provided pursuant to
subparagraph (C) of the fifth sentence of subsection (b)(1) of this
section and the second sentence of subsection (c)(1) of this section
shall be treated as confidential information in accordance with section
2411(c) of the Appendix to title 50.
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Sec. 45(a)(5), Dec. 30, 1974, 88 Stat. 1814; Pub. L. 94-329, title II,
Sec. 211(a), title VI, Sec. 604(a), June 30, 1976, 90 Stat. 740, 766;
Pub. L. 95-384, Sec. 21, Sept. 26, 1978, 92 Stat. 741; Pub. L. 96-92,
Secs. 16(b), 19(a), (c), 20(b), Oct. 29, 1979, 93 Stat. 708-710; Pub. L.
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773; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
Secs. 1224, 1245, title XIII, Secs. 1301, 1302(b)], Nov. 29, 1999, 113
Stat. 1536, 1501A-498, 1501A-502, 1501A-510, 1501A-511; Pub. L. 106-280,
title I, Sec. 102(c)(1), Oct. 6, 2000, 114 Stat. 849; Pub. L. 107-228,
div. B, title XII, Secs. 1205(a), 1262(c), title XIV, Sec. 1405(a)(2),
Sept. 30, 2002, 116 Stat. 1427, 1434, 1457.)
References in Text
The National Security Act of 1947, referred to in subsec. (a)(10),
is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the
National Security Act of 1947 is classified generally to subchapter III
(Sec. 413 et seq.) of chapter 15 of Title 50, War and National Defense.
For complete classification of this Act to the Code, see Short Title
note set out under section 401 of Title 50 and Tables.
Paragraphs (8) and (9) of subsection (a) of this section, referred
to in subsec. (b)(1), were redesignated as paragraphs (7) and (8),
respectively, of subsection (a) of this section by Pub. L. 107-228, div.
B, title XII, Sec. 1262(c)(2), Sept. 30, 2002, 116 Stat. 1434.
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsecs. (b)(2), (c)(3)(A),
and (d)(5)(A), is section 601(b) of Pub. L. 94-329, June 30, 1976, 90
Stat. 729, which made provision for expedited procedures in the Senate,
and was not classified to the Code.
Section 2768 of this title, referred to in subsec. (b)(4), was
repealed by Pub. L. 104-106, div. A, title X, Sec. 1064(a), Feb. 10,
1996, 110 Stat. 445.
Amendments
2002--Subsec. (a)(7) to (13). Pub. L. 107-228, Sec. 1262(c),
redesignated pars. (8) to (13) as (7) to (12), respectively, and struck
out former par. (7) which read as follows: ``an estimate of--
``(A) the number of United States military personnel, the number
of United States Government civilian personnel, and the number of
United States civilian contract personnel, who were in each foreign
country at the end of that quarter, and
``(B) the number of members of each such category of personnel
who were in each foreign country at any time during that quarter,
in implementation of sales and commercial exports under this chapter or
of assistance under chapter 2, 5, 6, or 8 of part II of the Foreign
Assistance Act of 1961, including both personnel assigned to the country
and personnel temporarily in the country by detail or otherwise;''.
Subsec. (b)(1). Pub. L. 107-228, Sec. 1405(a)(2)(A)(i), substituted
``(1) Subject to paragraph (6), in the case of'' for ``(1) In the case
of'' in introductory provisions.
Subsec. (b)(5)(C). Pub. L. 107-228, Sec. 1405(a)(2)(A)(ii),
substituted ``Subject to paragraph (6), if'' for ``If''.
Subsec. (b)(6). Pub. L. 107-228, Sec. 1405(a)(2)(A)(iii), added par.
(6).
Subsec. (c)(1). Pub. L. 107-228, Sec. 1405(a)(2)(B)(i), substituted
``(1) Subject to paragraph (5), in the case of'' for ``(1) In the case
of''.
Pub. L. 107-228, Sec. 1205(a), inserted ``(or, in the case of a
defense article that is a firearm controlled under category I of the
United States Munitions List, $1,000,000 or more)'' after ``$50,000,000
or more''.
Subsec. (c)(5). Pub. L. 107-228, Sec. 1405(a)(2)(B)(ii), added par.
(5).
2000--Subsec. (c)(2)(B), (C). Pub. L. 106-280 added subpar. (B) and
redesignated former subpar. (B) as (C).
1999--Subsec. (a)(13). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,
Sec. 1302(b)], added par. (13).
Subsec. (b)(1). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,
Sec. 1301(b)(1)], in sixth sentence, inserted before period at end ``,
in which case the information shall be accompanied by a description of
the damage to the national security that could be expected to result
from public disclosure of the information''.
Subsec. (b)(1)(C). Pub. L. 106-113, Sec. 1000(a)(7) [title XII,
Sec. 1245(a)(1)], substituted ``and a description of any offset
agreement with respect to such sale;'' for ``and a description from such
contractor of any offset agreements proposed to be entered into in
connection with such sale (if known on the date of transmittal of such
statement);''.
Subsec. (c)(1). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,
Sec. 1301(b)(2)], in last sentence, inserted before period at end ``, in
which case the information shall be accompanied by a description of the
damage to the national security that could be expected to result from
public disclosure of the information''.
Pub. L. 106-113, Sec. 1000(a)(7) [title XII, Sec. 1245(a)(2)], in
second sentence, substituted ``and a description of any such offset
agreement'' for ``(if known on the date of transmittal of such
certification)''.
Subsec. (c)(4). Pub. L. 106-113, Sec. 1000(a)(7) [title XII,
Sec. 1224], added par. (4).
Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(7) [title XII,
Sec. 1245(b)(1)], redesignated subsec. (e), relating to publication of
arms sales certifications, as (f).
Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,
Sec. 1301(a)], which directed amendment of subsec. (e), relating to
publication of arms sales certifications, by inserting ``in a timely
manner'' after ``to be published'' and by substituting ``the full
unclassified text of--
``(1) each numbered certification submitted pursuant to
subsection (b) of this section;
``(2) each notification of a proposed commercial sale submitted
under subsection (c) of this section; and
``(3) each notification of a proposed commercial technical
assistance or manufacturing licensing agreement submitted under
subsection (d) of this section.'' for ``the full unclassified text
of each numbered certification submitted pursuant to subsection (b)
of this section and each notification of a proposed commercial sale
submitted under subsection (c) of this section.'', was executed by
making the amendment in subsec. (f) to reflect the probable intent
of Congress and the redesignation of that subsec. (e) as (f). See
1999 Amendment note below.
Pub. L. 106-113, Sec. 1000(a)(7) [title XII, Sec. 1245(b)(1)],
redesignated subsec. (e), relating to publication of arms sales
certifications, as (f).
Subsec. (g). Pub. L. 106-113, Sec. 1000(a)(7) [title XII,
Sec. 1245(b)(2)], added subsec. (g).
1998--Subsec. (b)(1)(D). Pub. L. 105-277, in introductory
provisions, substituted ``Secretary of State in consultation with the
Secretary of Defense and the Director of Central Intelligence'' for
``Director of the Arms Control and Disarmament Agency in consultation
with the Secretary of State and the Secretary of Defense''.
1996--Subsec. (a)(12). Pub. L. 104-201 added par. (12).
Subsec. (c)(2)(A), (B). Pub. L. 104-164, Sec. 141(c), amended
subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B)
read as follows:
``(A) shall not be issued until at least 30 calendar days after the
Congress receives such certification; and
``(B) shall not be issued then if the Congress, within such 30-day
period, enacts a joint resolution prohibiting the proposed export,
except that this subparagraph does not apply with respect to a license
issued for an export to the North Atlantic Treaty Organization, any
member country of that Organization, Japan, Australia, or New Zealand.''
Subsec. (d). Pub. L. 104-164, Sec. 141(d), designated existing
provisions as par. (1), struck out ``for or in a country not a member of
the North Atlantic Treaty Organization'' after ``manufacturing licensing
agreement'', and added pars. (2) to (5).
Subsec. (e). Pub. L. 104-164, Sec. 155, added subsec. (e) relating
to publication of arms sales certifications.
1994--Subsec. (b)(1). Pub. L. 103-437 substituted ``Foreign
Affairs'' for ``International Relations''.
Pub. L. 103-236, Secs. 732(a)(1), 735(a), inserted after second
sentence ``In a case in which such articles or services listed on the
Missile Technology Control Regime Annex are intended to support the
design, development, or production of a Category I space launch vehicle
system (as defined in section 2797c of this title), such report shall
include a description of the proposed export and rationale for approving
such export, including the consistency of such export with United States
missile nonproliferation policy. Each such numbered certification shall
contain an item indicating whether any offset agreement is proposed to
be entered into in connection with such letter of offer to sell (if
known on the date of transmittal of such certification).''
Subsec. (b)(1)(C). Pub. L. 103-236, Sec. 732(a)(2), inserted ``and a
description from such contractor of any offset agreements proposed to be
entered into in connection with such sale'' after ``sold''.
Subsec. (c)(1). Pub. L. 103-437 substituted ``Foreign Affairs'' for
``International Relations''.
Pub. L. 103-236, Sec. 735(b), which directed amendment of par. (1)
by inserting after ``in consultation with the Secretary of Defense.''
the following new sentence: ``In a case in which such articles or
services are listed on the Missile Technology Control Regime Annex and
are intended to support the design, development, or production of a
Category I space launch vehicle system (as defined in section 2797c of
this title), such report shall include a description of the proposed
export and rationale for approving such export, including the
consistency of such export with United States missile nonproliferation
policy.'', was executed by making the insertion after ``in consultation
with the Secretary of Defense and a description from the person who has
submitted the license application of any offset agreement proposed to be
entered into in connection with such export (if known on the date of
transmittal of such statement).'' to reflect the probable intent of
Congress and the intervening amendment by Pub. L. 103-236,
Sec. 732(b)(2). See below.
Pub. L. 103-236, Sec. 732(b)(2), inserted ``and a description from
the person who has submitted the license application of any offset
agreement proposed to be entered into in connection with such export (if
known on the date of transmittal of such statement)'' after ``Secretary
of Defense''.
Pub. L. 103-236, Sec. 732(b)(1), inserted after first sentence
``Each such numbered certification shall also contain an item indicating
whether any offset agreement is proposed to be entered into in
connection with such export (if known on the date of transmittal of such
certification).''
Subsec. (e). Pub. L. 103-236, Sec. 732(c), added subsec. (e).
1989--Subsec. (a). Pub. L. 101-222, Sec. 7(b), inserted ``, and any
information provided under paragraph (11) of this subsection may also be
provided in a classified addendum'' after ``(b)(1) of this section'' in
introductory provisions.
Subsec. (a)(10), (11). Pub. L. 101-222, Sec. 7(a), added pars. (10)
and (11).
Subsec. (b)(1)(D)(ii) to (v). Pub. L. 101-222, Sec. 3(b), added cl.
(ii) and redesignated former cls. (ii) through (iv) as (iii) through
(v), respectively.
1986--Subsec. (b)(1). Pub. L. 99-247, Sec. 1(b)(1), substituted
``enacts a joint resolution prohibiting'' for ``adopts a concurrent
resolution stating that it objects to'' in concluding provisions.
Subsec. (b)(2). Pub. L. 99-247, Sec. 1(b)(2), inserted ``joint''
before ``resolution'' in four places.
Subsec. (b)(3). Pub. L. 99-247, Sec. 1(b)(3), substituted
``enactment of joint resolutions'' for ``adoption of concurrent
resolutions'' and ``such joint resolution'' for ``such resolution''.
Subsec. (c)(2)(B). Pub. L. 99-247, Sec. 1(c)(1), substituted
``enacts a joint resolution prohibiting'' for ``adopts a concurrent
resolution stating that it objects to''.
Subsec. (c)(3)(A). Pub. L. 99-247, Sec. 1(c)(2), inserted ``joint''
before ``resolution''.
Subsec. (c)(3)(B). Pub. L. 99-247, Sec. 1(c)(3), substituted
``enactment of joint resolutions'' for ``adoption of concurrent
resolutions'' and ``such joint resolution'' for ``such resolution''.
1985--Subsec. (a)(5). Pub. L. 99-83, Sec. 1209(c)(1), substituted
``sales'' for ``cash sales'' and struck out provisions relating to
credits under section 2763 of this title and guaranty agreements under
section 2764 of this title.
Subsec. (a)(6). Pub. L. 99-83, Sec. 1209(c)(2), substituted ``sales
expected to be made to'' for ``cash sales expected to be made and
credits expected to be extended to''.
Subsec. (a)(7). Pub. L. 99-83, Sec. 117, amended par. (7) generally.
Prior to amendment, par. (7) read as follows: ``an estimate of the
number of officers and employees of the United States Government and of
United States civilian contract personnel present in each such country
at the end of that quarter for assignments in implementation of sales
and commercial exports under this chapter;''.
Subsec. (b)(1). Pub. L. 99-83, Sec. 118(1), inserted requirement
respecting detailed justification of reasons for sale of sensitive
articles or services.
Subsec. (b)(5). Pub. L. 99-83, Sec. 118(2), added par. (5).
1981--Subsec. (a)(10). Pub. L. 97-113, Sec. 109(d)(2), struck out
par. (10) which required that Presidential report to Congress contain a
listing (classified if necessary) of property valued at $1,000,000 or
more which was leased, during the quarter for which a report was
required, to a foreign government for a period of more than six months
under section 2667 of title 10. See section 2796 et seq. of this title.
Subsec. (b)(1). Pub. L. 97-113, Secs. 101(c), 102(b)(1), increased
the certification requirement limits to $50,000,000 and $14,000,000 from
$25,000,000 and $7,000,000 respecting offers to sell defense articles or
services, and major defense equipment; and prescribed a fifteen-
calendar-day period after receiving a certification for a concurrent
resolution objecting to a proposed sale to the North Atlantic Treaty
Organization, any member country of such Organization, Japan, Australia,
or New Zealand, and made the existing thirty-calendar-day period
applicable only with respect to a proposed sale to any other country or
organization.
Subsec. (b)(2). Pub. L. 97-113, Sec. 102(b)(2), authorized a motion
in the Senate for the discharge of the committee to which a resolution
respecting the North Atlantic Treaty Organization, any member country of
such Organization, Japan, Australia, or New Zealand was referred for
failure to report the resolution at end of five calendar days after its
introduction.
Subsec. (c)(1). Pub. L. 97-113, Sec. 101(d), increased sales
contract limits to $14,000,000 and $50,000,000 from $7,000,000 and
$25,000,000 respecting sales of major defense equipment and defense
articles or services.
Subsec. (d). Pub. L. 97-113, Sec. 101(e), substituted reference to
subsec. ``(c)(1)'' for ``(c)'' of this section.
1980--Subsec. (a)(9), (10). Pub. L. 96-533, Secs. 105(c), 109(f),
added pars. (9) and (10).
Subsec. (b)(1). Pub. L. 96-533, Sec. 105(d), required certification
respecting offer to sell any design and construction services for
$200,000,000 or more, required such certification to contain the
information specified in subsec. (a)(9)(A)-(D) of this section, required
such certification to contain an item identifying the sensitivity of
technology contained in the design and construction services, and made
subpar. (A), (C), (E), (I)-(N) provisions applicable to design and
construction services.
Subsec. (c). Pub. L. 96-533, Sec. 107(b), designated existing
provisions as par. (1), struck out ``not less than 30 days'' before
``before issuing such license'', redesignated as cls. (A) to (C) former
pars. (1) to (3), and substituted ``clause (B)'' and ``clause (C)'' for
``paragraph (1)'' and ``paragraph (2)'', respectively, and added pars.
(2) and (3).
1979--Subsec. (a). Pub. L. 96-92, Sec. 19(a), increased to sixty
from thirty days the period for submission of the President's report at
end of each quarter and struck out par. (9) which required that the
report contain an analysis and description of the services of Federal
personnel under provisions relating to sales from stock, including
numbers employed.
Subsec. (b)(1). Pub. L. 96-92, Secs. 19(c), 20(b), required
executive emergency justification statement and the numbered
certifications to contain an item, classified if necessary, identifying
the sensitivity of technology contained in the defense articles or
defense services proposed to be sold.
Subsec. (b)(4). Pub. L. 96-92, Sec. 16(b), added par. (4).
1978--Subsec. (b)(1)(D), (N) to (P). Pub. L. 95-384 in subpar. (D)
substituted provisions requiring an evaluation relating to the proposed
sale to be prepared by the Director of the Arms Control and Disarmament
Agency in consultation with the Secretary of State and the Secretary of
Defense for provisions requiring an analysis of the arms control impact
pertinent to the offer to sell prepared in consultation with the
Secretary of Defense and added subpars. (N) to (P).
1976--Subsec. (a). Pub. L. 94-329, Secs. 211(a), 604(a)(1), expanded
existing provisions to provide for increased comprehensiveness of the
quarterly reports on sales of defense articles or defense services,
whether through governmental channels or commercial channels.
Subsec. (b). Pub. L. 94-329, Secs. 211(a), 604(a)(2), increased from
20 days to 30 days the period allowed Congress to reject a proposed
offer to sell defense articles or defense services and inserted
provisions covering any major defense equipment for $7,000,000 or more,
requiring additional information with respect to any letter of offer to
sell defense articles or defense services if requested by Congress and
requiring that a certification be transmitted pursuant to this
subsection in unclassified form unless public disclosure would be
detrimental to the United States.
Subsec. (c). Pub. L. 94-329, Sec. 211(a), substituted provisions
relating to application by person for license for export of any major
defense equipment sold and contracted for $7,000,000 or more or defense
articles or defense services for $25,000,000 or more, requiring the
President to transmit to Congress an unclassified numbered certification
with respect to such application, for provisions construing this section
as not modifying in any way section 1934 of this title.
Subsec. (d). Pub. L. 94-329, Sec. 211(a), added subsec. (d).
1974--Subsecs. (a), (b). Pub. L. 93-559 added subsecs. (a) and (b).
1973--Pub. L. 93-189 struck out subsec. (a) which required the
Secretary of State to transmit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
semiannual reports of all exports of significant defense articles on the
United States munitions list to foreign governments, etc., and subsec.
(b) which provided for the inclusion in the presentation material
submitted to the Congress during consideration of amendments to this
chapter or Acts appropriating funds under authority of this chapter
annual tables showing the dollar value of cash and credit foreign
military sales orders, commitments to order, etc.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
1201 of Pub. L. 105-277, set out as an Effective Date note under section
6511 of this title.
Effective Date of 1996 Amendments
Section 1045(b) of Pub. L. 104-201 provided that: ``Paragraph (12)
of section 36(a) of the Arms Export Control Act [now 22 U.S.C.
2776(a)(11)], as added by subsection (a)(3), does not apply with respect
to an agreement described in such paragraph entered into before the date
of the enactment of this Act [Sept. 23, 1996].''
Amendment by section 141(c), (d) of 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.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Effective Date of 1976 Amendment
Section 211(b) of Pub. L. 94-329 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall apply
with respect to letters of offer for which a certification is
transmitted pursuant to section 36(b) of the Arms Export Control Act
[subsec. (b) of this section] on or after the date of enactment of this
Act [June 30, 1976] and to export licenses for which an application is
filed under section 38 of such Act [section 2778 of this title] on or
after such date.''
Section 604(c) of Pub. L. 94-329 provided that: ``The amendments
made by this section [amending this section and enacting section 2779 of
this title] shall take effect sixty days after the date of enactment of
this Act [June 30, 1976].''
Delegation of Functions
Functions of President under subsecs. (a) and (b)(1) of this
section, except with respect to certification of an emergency under
subsec. (b)(1), delegated to Secretary of Defense, with Secretary of
Defense required to consult with other specific agencies in implementing
certain delegated functions, by section 1(j) 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.
Functions of President under subsecs. (c) and (d) of this section
delegated to Secretary of State, and functions of President under
subsec. (e) of this section with respect to transmittals pursuant to
subsec. (b) of this section delegated to Secretary of Defense and with
respect to transmittals pursuant to subsec. (c) of this section
delegated to Secretary of State, by section 1(k) of Ex. Ord. No. 11958.
National Disclosure Policy for Sensitive Weapons Technology; Report to
Congress
Section 20(a) of Pub. L. 96-92 directed President to undertake a
thorough review of interagency procedures and disclosure criteria used
by United States in determining whether sensitive weapons technology
will be transferred to other countries, and not later than Feb. 15, 1980
to transmit a report to Congress setting forth the results of such
review, together with such recommendations as are necessary to improve
the current disclosure system, prior to repeal by Pub. L. 97-113, title
VII, Sec. 734(a)(11), Dec. 29, 1981, 95 Stat. 1560.
Section Referred to in Other Sections
This section is referred to in sections 2373, 2753, 2766, 2767,
2778, 3402 of this title; title 10 section 2533a.
