Page:United States Statutes at Large Volume 100 Part 4.djvu/275

 PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3203

NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES

SEC. 602. (a) Title V of the National Security Act of 1947, relating to accountability for intelligence activities, is amended by adding at the end thereof the following: " N O T I C E TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES

"SEC. 503. (a)(1) The transfer of a defense article or defense service 50 USC 415. 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 section 501 of this Act. 50 USC 413. "(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, the Arms 22 USC 2301. Export Control Act, title 10 of the United States Code 22 USC 2751 (including a law enacted pursuant to section 7307(b)(l) of note. that title), or the Federal Property and Administrative Services Act of 1949, and 40 USC 471 note. "(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. "(h) 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 CFR part 121); 22 USC 2778. "(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.", (b) The table of contents at the end of the first section of such Act is amended by inserting the following after the item relating to section 502: "503. Notice to Congress of certain transfers of defense articles and defense services.".

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