Page:United States Statutes at Large Volume 99 Part 1.djvu/1028

 99 STAT. 1006 50 USC 414 note.

Ante, p. 293.

PUBLIC LAW 99-169—DEC. 4, 1985

(c) The amendment made by section 401(a) of this Act shall not apply with respect to funds appropriated to the Director of Central Intelligence under the heading "ENHANCED SECURITY COUNTERMEASURES CAPABiliTiEs" in the Supplemental Appropriations Act, 1985 (Public Law 99-88). COUNTERINTELLIGENCE CAPABILITIES IMPROVEMENTS REPORT

SEC. 402. (a) Within one hundred and twenty days after the date of enactment of this Act, the President shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on the capabilities, programs, and policies of the United States to protect against, detect, monitor, counter, and limit intelligence activities by foreign powers, within and outside the United States, directed at United States Government activities or information, including plans for improvements which presently are within the authority of the executive branch to effectuate, and recommendations for improvements which would require legislation to effectuate. OJ) The report described in subsection (a) of this section shall be exempt from any requirement for publication or disclosure. NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES

SEC. 403. (a)(l) During fiscal year 1986, the transfer of a defense article or defense service exceeding $1,000,000 in value by an intelligence agency to a recipient outside that ^ency shall be considered a significant anticipated intelligence activity for the purpose of 50 USC 413. section 501 of the National Security Act of 1947. (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 22 USC 2311. part II of the Foreign Assistance Act of 1961, the Arms 22 USC 2751 Export Control Act, title 10 of the United States Code ^^^(including a law enacted pursuant to section 7307(b)(l) of Ante, p. 204. that title), or the Federal Property and Administrative 40 USC 471 note. Services Act of 1949, 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, ^ency, 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 Ante, pp. 156, section 38 of the Arms Export Control Act (22 CFR part 121); 203, 204.

�