§3095 Notice to Congress of Certain Transfers of Defense Articles and Defense Services

Summary

If an intelligence agency plans to give or provide defense items or defense services to someone outside the agency, and the single transfer or all related transfers in a fiscal year add up to more than $1,000,000, that action counts as a major planned intelligence activity under the law and must be treated that way. This rule does not apply if the transfer is to another U.S. department or agency (as long as those items won’t later be sent outside the U.S. Government for an intelligence purpose), or if the transfer is done under certain export, defense, or procurement laws (for example, the Foreign Assistance Act, the Arms Export Control Act, title 10, or specified parts of titles 40 and 41) and is not tied to an intelligence activity. An intelligence agency cannot make such a transfer if Congress denied funding for the related intelligence activity. Definitions: intelligence agency = a U.S. department, agency, or entity that does intelligence work; defense articles and defense services = items and services on the U.S. Munitions List; transfer = giving possession of articles or providing services; value = for articles, the higher of original cost plus improvements or replacement cost; for services, the full government cost to provide them.