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

Summary

Any transfer, or expected total transfers in a year, of defense articles or defense services by an intelligence agency to someone outside that agency worth more than $1,000,000 must be treated as a significant anticipated intelligence activity. That rule does not apply if the transfer goes to another U.S. department, agency, or entity (so long as those items or services will not later be sent outside the U.S. government for an intelligence purpose), or if the transfer is done under authorities in the Foreign Assistance Act of 1961, the Arms Export Control Act, title 10, or chapters 1–11 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 tied to an intelligence activity. An intelligence agency may not send defense articles or services outside the agency for an intelligence activity if Congress denied funds for that activity. Key terms — "intelligence agency": any U.S. department, agency, or entity involved in intelligence; "defense articles" and "defense services": items and services on the U.S. Munitions List; "transfer": giving possession of an article or providing a service; "value": for articles, the greater of original cost plus improvements or replacement cost; for services, the full government cost.