PUBLIC LAW 101-222 —DEC. 12, 1989 103 STAT. 1899 The waiver authority granted in this subsection may not be used to provide any assistance under the Foreign Assistance Act of 1961 which is also prohibited by section 40 of the Arms Export Control Act.". SEC. 6. DESIGNATION OF ITEMS ON THE MUNITIONS LIST. Section 38 of the Arms Export Control Act (22 U.S.C. 2278) is 22 USC 2778. amended by adding at the end the following: "(h) The designation by the President (or by an official to whom the President's functions under subsection (a) have been duly dele- gated), in regulations issued under this section, of items as defense articles or defense services for purposes of this section shall not be subject to judicial review.". SEC. 7. QUARTERLY REPORTS ON THIRD COUNTRY TRANSFERS AND ON DOD TRANSFERS TO OTHER AGENCIES. (a) QUARTERLY REPORTS.— Section 36(a) of the Arms Export Con- trol Act (22 U.S.C. 2776(a)) is amended— (1) by striking out "and" at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon; and (3) by inserting after paragraph (9) the following: "(10) 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)(l)(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) 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 quar- ter 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).". (b) CLASSIFICATION OF REPORTS.— That section is amended in the parenthetical clause in the text preceding paragraph (1) by inserting ", and any information provided under paragraph (11) of this subsec- tion may also be provided in a classified addendum" after "(b)(1) of this section". SEC. 8. SPECIAL AUTHORITIES. The second sentence of section 614(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(c)) is amended to read as follows: "The President of U.S.
�
