Page:United States Statutes at Large Volume 102 Part 3.djvu/235

 PUBLIC LAW 100-461—OCT. 1, 1988

102 STAT. 2268-51

NOTICE TO CONGRESS REGARDING POSSIBLE MISSILES SALES SEC. 588. (a) PRICE AND AVAILABILITY REPORTS.—Section 28 of the

Arms Export Control Act is amended— 22 USC 2768. (1) in the first sentence of subsection (a)— (A) by striking out "or" after "$7,000,000 or more" and inserting in lieu thereof a comma, and (B) by inserting ", or of any Air-to-Ground or Ground-toAir missiles, or associated launchers (without regard to the amount of the possible sale)," after "$25,000,000 or more"; and (2) in clause (2) of subsection (b)— (A) by striking out "or" after "$7,000,000 or more" and inserting in lieu thereof a comma, and (B) by inserting ", or of any Air-to-Ground or Ground-toAir missiles or associated launchers (without regard to the amount of the proposed sale)," after "$25,000,000 or more". (b) NOTIFICATIONS IN THE ABSENCE OF RECENT PRICE AND AVAILABILITY REPORT LISTING.— (1) SALES SUBJECT TO NOTIFICATION REQUIREMENT.—Paragraph

(2) of this subsection applies with respect to any letter of offer to sell any Air-to-Ground or Ground-to-Air missiles, or associated launchers (without regard to the amount of the sale) if, within the preceding 6 months, a listing has not been transmitted to the Congress pursuant to section 28 of the Arms Export Control Act with respect to that sale and if section 36(b) of that Act does not apply. (2) REQUIREMENT FOR NOTIFICATION.—Before issuing any letter

of offer described in paragraph (1), the President shall notify the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate. Any such notification shall contain the information required in a certification under section 36(b) of the Arms Export Control Act. (3) TIME FOR NOTIFICATION.—The notification

required by

paragraph (2) shall be submitted not less than 30 days before the letter of offer is issued, unless the President states in the notification that an emergency exists which requires the proposed sale in the national security interests of the United States. If the President states that such an emergency exists, he shall include 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 issues involved. FUNDING ADJUSTMENTS

SEC. 589. Notwithstanding any other provision of this Act, the following amount is hereby appropriated in lieu of the amount contained previously herein for payment to the African Development Bank, $7,345,371: Provided, That notwithstanding any other provision of this Act, during fiscal year 1989, total commitments by the Overseas Private Investment Corporation to guarantee loans shall not exceed $175,000,000 of contingent liability for loan principal: Provided further, That section 514 of this Act is amended to read as follows:

President of U.S.

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