
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC415]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
       SUBCHAPTER III--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
 
Sec. 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 [40 U.S.C. 471 et seq.], 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.

(July 26, 1947, ch. 343, title V, Sec. 505, formerly Sec. 503, as added 
Pub. L. 99-569, title VI, Sec. 602(a), Oct. 27, 1986, 100 Stat. 3203; 
renumbered Sec. 505 and amended Pub. L. 102-88, title VI, 
Secs. 602(a)(1), (c)(2), 604, Aug. 14, 1991, 105 Stat. 441, 444, 445; 
Pub. L. 103-160, div. A, title VIII, Sec. 828(d)(1), Nov. 30, 1993, 107 
Stat. 1715.)

                       References in Text

    The Foreign Assistance Act of 1961, referred to in subsec. 
(a)(2)(B)(i), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as 
amended. Part II of the Act is classified generally to subchapter II 
(Sec. 2301 et seq.) of chapter 32 of Title 22, Foreign Relations and 
Intercourse. For provisions deeming references to subchapter II to 
exclude parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II, see section 202(b) of Pub. L. 
92-228, set out as a note under section 2346 of Title 22, and sections 
2348c and 2349aa-5 of Title 22. For complete classification of this Act 
to the Code, see Short Title note set out under section 2151 of Title 22 
and Tables.
    The Arms Export Control Act, referred to in subsec. (a)(2)(B)(i), is 
Pub. L. 90-269, Oct. 22, 1968, 82 Stat. 1320, as amended, which is 
classified principally to chapter 39 (Sec. 2751 et seq.) of Title 22. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2751 of Title 22 and Tables.
    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (a)(2)(B)(i), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Provisions of that Act relating to management and 
disposal of government property are classified to chapter 10 (Sec. 471 
et seq.) of Title 40, Public Buildings, Property, and Works. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40 and Tables.


                               Amendments

    1993--Subsec. (a)(2)(B)(i). Pub. L. 103-160 substituted ``section 
7307(a)'' for ``section 7307(b)(1)''.
    1991--Subsec. (a)(1). Pub. L. 102-88 inserted ``, or the anticipated 
transfer in any fiscal year of any aggregation of defense articles or 
defense services,'' after ``service'' and substituted ``this 
subchapter'' for ``section 413 of this title''.
