§3095 Notice to Congress of certain transfers of defense articles and defense services

Summary

An intelligence agency must treat any transfer, or expected transfer in a fiscal year, of defense items or defense services worth more than $1,000,000 to someone outside that agency as a significant planned intelligence activity under this subchapter. That rule does not apply if the transfer is to another U.S. government department or agency (and it will not later be sent outside the U.S. government in connection with intelligence), or if the transfer is made under certain export, military, or procurement laws (for example the Foreign Assistance Act, the Arms Export Control Act, title 10, or parts of titles 40 and 41) and is not part of an intelligence activity. An intelligence agency also may not send defense items or services outside the agency for an intelligence activity that Congress refused to fund. Definitions: "intelligence agency" = any U.S. department, agency, or entity doing intelligence work; "defense articles" and "defense services" = items and services on the U.S. Munitions List (see section 38 of the Arms Export Control Act, 22 CFR part 121); "transfer" = giving possession of articles or providing services; "value" = for articles the greater of original government acquisition cost plus improvements or the replacement cost, and for services the full cost to the Government of providing them.