Foreign Assistance Act of 1961, including both personnel assigned to the country and personnel temporarily in the country by detail or otherwise;

(8) 128 a description of each payment, contribution, gift, commission, or fee reported to the Secretary of State under section 39, 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;

(9) 129 a listing of each sale under section 29 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;

(10) 130 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 3(a)(2) of this Act, the regulations issued under section. 38 of this Act, or section 505(a)(1)(B) of the Foreign Assistance Act of 1961, 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; and

(11) 130 a listing of all munitions items (as defined in section 40(1)(1)) 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 of more; and

128 Sec. 604(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766) redesignated par. (8) as par. (9) and inserted a new par. (8). Sec. 604(c) of the same Act stated that par. (8) would "take effect sixty days after the date of enactment of this Act" (August 29, 1976).

Par. (9), as redesignated by this amendment, was struck out by sec. 19(a)4) of the International Security Assistance Act of 1979 (Public Law 96–92; 93 Stat. 709). It formerly read as follows:

"(9) an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed.".

129 Par. (9) was added by sec. 105(c) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

130 Par. (10) and (11) were added by sec. 7 of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1899).

The original par. (10), as added by sec. 109(1) of Public Law 96-533, was repealed by sec. 109(dX2) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526). Par. (10) had required information concerning leases of property valued at over $1,000,000 to a foreign government. Leases of defense articles are now covered under chapter 6 of this Act.

(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).

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 Forces or other agency of the United States which is making the offer to sell or the sale, as the case may be.

(b)(1) In the case of any letter of offer to sell any defense articles or services under this Act for $50,000,000 131 or more, any design and construction services for $200,000,000 or more,132 or any major defense equipment for $14,000,000 133 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), or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a),134 and a description, containing the information specified in paragraph (8) of subsection (a), 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 135 proposed to be sold,136 and a detailed justification of the reasons necessitating the sale of such articles or services in view of the sensitivity of such technology.137 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

131 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).

132 The words "any design and construction services for $200,000,000 or more," were added by sec. 105(dX1) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

133 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). 134 The words to this point beginning with “, or (in the case of * were added by sec. 105(dX2XA) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

136 The reference to design and construction services was added by sec. 105(d) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134). 136 This sentence to this point was added by sec. 20(b) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 710).

137 The words to this point beginning with "and a detailed justification" were added by sec. 1180) of the International Security and Development Cooperation Act of 1985 (Public Law 9983; 995 Stat. 203).

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.138 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).139 In addition, the President shall, upon the request of such committee or the Committee on Foreign Affairs 140 of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request

(A) a detailed description of the defense articles, defense services, or design and construction services 141 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 services 142 proposed to be sold and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale 143 (if known on the date of transmittal of such statement);

(D) 144 an evaluation, prepared by the Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense, of the manner, if any, in which the proposed sale would

(i) contribute to an arms race;

(ii) 145 support international terrorism;

(iii) 145 increase the possibility of an outbreak or escalation of conflict;

(iv) 145 prejudice the negotiation of any arms controls; or (v) 145 adversely affect the arms control policy of the United States;

138 Sec. 735(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted the sentence beginning with "In a case in which **** 139 Sec. 732(aX1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted the sentence beginning with "Each such numbered

140 Sec. 9(aX7) of the USC Technical Amendments (Public Law 103-437; 108 Stat. 4581) struck out "International Relations" and inserted in lieu thereof "Foreign Affairs".

141 The reference to defense services or design and construction services was added by sec. 105(dX2XCXix) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135).

142 The reference to design and construction service was added by sec. 105(dX2XCXii) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

143 Sec. 732(aX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale" after "sold".

144 Subpar. (D) was amended and restated by sec. 21(1) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 741). It formerly read as follows: "(D) an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense;".

145 Sec. 3(b) of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1896) redesignated clauses (ii) through (iv) as (iii) through (v), respectively, and inserted a new clause (ii).

(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 141 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; 141

(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 141 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; 141

(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 141 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 141 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 141 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 141 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) 146 the projected delivery dates of the defense articles, defense services, or design and construction services 141 to be offered;

(O) 146 a detailed description of weapons and levels of munitions that may be required as support for the proposed sale; and

(P) 146 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 organization, if the Congress within thirty calendar days 147 after receiving such certification,148 enacts a joint 149 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. 150

(2) Any such joint 149 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 149 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 149 resolution was referred if such committee has not reported such joint 149 resolution at the end of five calendar days after its introduction.151

146 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).

147 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 1994, vol. I-B.

148 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(bX1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520).

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

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

151 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).