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Code · BILL · 113th Congress · H.R. 1793 (Introduced in House) — To establish a framework for effective, transparent, and accountable United States foreign assistance, and for other... · Sec. 4383

Sec. 4383. Upgrade or enhancement

407 words·~2 min read·/bill/113/hr/1793/ih/section-4383·

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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 or a contract pursuant to a license described in section 4382, 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— describing the manner in which the technology or capability has been enhanced or upgraded and describing the significance of such enhancement or upgrade; and setting forth a detailed justification for such enhancement or upgrade.
The provisions of subsection
(a)apply to an article or equipment delivered, or a service furnished, within 10 years after the transmittal to the Congress of a numbered certification with respect to the sale of such article, equipment, or service. 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 section 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 Secretary shall submit 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 new numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this section 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 section. For purposes of this subsection, references in this section to sales shall be deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment, defense articles, or defense services, as the case may be.
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