Notice to Congress of certain transfers of defense articles and defense services

The transfer of a defense article or defense service, or the anticipated transfer in any fiscal year of any aggregation of defense articles or defense services, exceeding $1,000,000 in value by an intelligence agency to a recipient outside that agency shall be considered a significant anticipated intelligence activity for the purpose of this subchapter. the transfer is being made to a department, agency, or other entity of the United States (so long as there will not be a subsequent retransfer of the defense articles or defense services outside the United States Government in conjunction with an intelligence or intelligence-related activity); or is being made pursuant to authorities contained in part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2301 et seq.], the Arms Export Control Act [22 U.S.C. 2751 et seq.], title 10 (including a law enacted pursuant to section 8677(a) of title 10), or chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and is not being made in conjunction with an intelligence or intelligence-related activity. An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any intelligence or intelligence-related activity for which funds were denied by the Congress. the term “intelligence agency” means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities; the terms “defense articles” and “defense services” mean the items on the United States Munitions List pursuant to section 38 of the Arms Export Control Act [22 U.S.C. 2778] (22 CFR part 121); in the case of defense articles, the transfer of possession of those articles; and in the case of defense services, the provision of those services; and the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Government; or the replacement cost; and in the case of defense services, the full cost to the Government of providing the services. Paragraph (1) does not apply if— the transfer— As used in this section— the term “transfer” means— the term “value” means— in the case of defense articles, the greater of— (Source: (July 26, 1947, ch. 343, title V, § 505, formerly § 503, as added Pub. L. 99–569, title VI, § 602(a), Oct. 27, 1986, 100 Stat. 3203; renumbered § 505 and amended Pub. L. 102–88, title VI, §§ 602(a)(1), (c)(2), 604, Aug. 14, 1991, 105 Stat. 441, 444, 445; Pub. L. 103–160, div. A, title VIII, § 828(d)(1), Nov. 30, 1993, 107 Stat. 1715; Pub. L. 115–232, div. A, title VIII, § 809(r), Aug. 13, 2018, 132 Stat. 1844.))