have comparable kinds and amounts of defense articles, defense services, or design and construction services; 157

(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 157 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 157 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 157 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 157 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) 162 the projected delivery dates of the defense articles, defense services, or design and construction services 157 to be offered;

(O) 162 a detailed description of weapons and levels of munitions that may be required as support for the proposed sale; and

(P) 162 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) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. 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 organiza

162 Subpar. (N), (O) and (P) were added by sec. 21(4) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 741).

tion, if the Congress within thirty calendar days 163 after receiving such certification, 164 enacts a joint 165 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, 166

(2) Any such joint 165 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 165 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 165 resolution was referred if such committee has not reported such joint 165 resolution at the end of five calendar days after its introduction. 167

(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 165 resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

(4) 168 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 28 of this Act 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) 169 (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

163 With regard to the sale to Jordan of advanced weapons systems, see Public Law 99-162 (99 Stat. 937), in Legislation on Foreign Relations Through 1997, vol. I-B.

164 The words in this sentence to this point beginning with "with respect to a proposed sale were inserted in lieu of the words "if the Congress, within thirty calendar days after receiving such certification," by sec. 102(b)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520).

165 References to a "joint" resolution in lieu of a "concurrent" resolution were added by Public Law 99-247 (100 Stat. 9).

166 This sentence was added by sec. 19(c) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709).

167 The words to this point beginning with ", except that for purposes of * were added by sec. 102(b)(2) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520).

168 Par. (4) was added by sec. 16(b) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 708).

169 Par. 5 was added by sec. 118(2) of the International Security and Development Cooperation Act of 1983 (Public Law 99-83; 99 Stat. 203).

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 170 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) 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.

(c) 171 (1) 172 In the case of an application by a person (other than with regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under

170 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

171 The Director of the Office of Defense Trade Controls notified Congress of proposed commercial export licenses pursuant to this subsection in Department of State Public Notice No. 2571 (July 16, 1997; 62 F.R. 39569); Department of State Public Notice No. 2601 (September 11, 1997; 62 F.R. 59013); Department of State Public Notice No. 2616 (October 10, 1997; 62 F.R. 59011); Department of State Public Notice No. 2624 (October 30, 1997; 62 F.R. 61421); Department of State Public Notice No. 2652 (November 17, 1997; 62 F.R. 67930); and Department of State Public Notice No. 2671 (December 18, 1997; 63 F.R. 4519).

172 Sec. 107(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3136) added the paragraph designation "(1)", made several technical changes to par. (1), and added new pars. (2) and (3)

a contract in the amount of $14,000,000 173 or more or of defense articles or defense services sold under a contract in the amount of $50,000,000 174 or more, 175 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. In addition, the President shall, upon the request of such committee or the Committee on Foreign Affairs 176 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. 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 74), 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.177 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.

(2) 172 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) 178 in the case of a license for an export to the North Atlantic Treaty Organization, any member country of that Orga

173 This figure was increased from $7,000,000 to $14,000,000 by sec. 101 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520).

174 This figure was increased from $25,000,000 to $50,000,000 by sec. 101 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520).

175 The words "not less than 30 days" which formerly appeared at this point, were struck out by sec. 107(b)(1) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3136). This 30-day prior notification requirement is now included in par. (2) of subsec. (c).

176 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives. Previously, sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108 Stat. 4581) struck out "International Relations" and inserted in lieu thereof "Foreign Affairs".

177 Sec. 735(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506) inserted the sentence beginning with "In a case in which such

178 Sec. 141(c) of Public Law 104-164 (110 Stat. 1431) amended and restated subparas. (A) and (B), which formerly 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 Continued

nization 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; and

(B) 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) 172 (A) Any joint 165 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 165 resolutions under this subsection, a motion to proceed to the consideration of any such joint 165 resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

(d)(1) 179 In the case of an approval under section 38 of this Act of a United States commercial technical assistance or manufacturing licensing agreement 180 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) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.

(2) 181 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;

to a license issued for an export to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand.".

Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that "amendments made by this section [sec. 141] apply with respect to certifications required to be submitted on or after the date of the enactment of this Act [July 21, 1996].".

179 Sec. 141(d)(1) of Public Law 104-164 (110 Stat. 1432) inserted para designation "(1)" after "(d)".

180 Sec. 141(d)(2) of Public Law 104-164 (110 Stat. 1432) struck out "for or in a country not a member of the North Atlantic Treaty Organization" after "licensing agreement".

181 Sec. 141(d)(3) of Public Law 104-164 (110 Stat. 1432) added paras. (2) through (5). Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that "amendments made by this section [sec. 141] apply with respect to certifications required to be submitted on or after the date of the enactment of this Act (July 21, 1996].".