50 U.S.C. § 415 : US Code - Section 415: Notice to Congress of certain transfers of defense articles and defense services

Search 50 U.S.C. § 415 : US Code - Section 415: Notice to Congress of certain transfers of defense articles and defense services

(a)(1) 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.
(2) Paragraph (1) does not apply if -
(A) 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
(B) the transfer -
(i) 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 7307(a)
of that title), or the Federal Property and Administrative
Services Act of 1949,(!1) and
(ii) is not being made in conjunction with an intelligence or
intelligence-related activity.
(3) 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.
(b) As used in this section -
(1) the term "intelligence agency" means any department,
agency, or other entity of the United States involved in
intelligence or intelligence-related activities;
(2) 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);
(3) the term "transfer" means -
(A) in the case of defense articles, the transfer of
possession of those articles; and
(B) in the case of defense services, the provision of those
services; and
(4) the term "value" means -
(A) in the case of defense articles, the greater of -
(i) 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
(ii) the replacement cost; and
(B) in the case of defense services, the full cost to the
Government of providing the services.