§ 3095. 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 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
      • (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.