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50 U.S.C. § 3101 — Notice to Congress of certain transfers of defense articles and defense services

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3101 — Notice to Congress of certain transfers of defense articles and defense services

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Stable record: federal_law:legal_authorities:record_usc_0664c5b562f5ceff5a800148
Source file: Laws/federal/codes/united-states-code/title-50/section-3101-notice-to-congress-of-certain-transfers-of-defense-articles-and-defense--7604d7b1a2.md
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Source location: Title 50, Chapter 44, § 3101; chapter-044-national-security.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2301&num=0&edition=prelim) et seq.], the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], title 10 (including a law enacted pursuant to [section 8677(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8677/a&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim)] (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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 413 — Transferred

### Statutory Notes #### Codification Section 411, comprising section 307 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3074 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3074&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 413

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2301 — Congressional statement of policy

The Congress of the United States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force shall not be used except for individual or collective self-defense. The Congress finds that the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid. It is the purpose of subchapter II of this chapter to authorize measures in the common defense against internal and external aggression, including the furnishing of military assistance, upon request, to friendly countries and international organizations. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to achieve universal control of weapons of mass destruction and universal regulation and reduction of armaments, including armed forces, under adequate safeguards to protect complying countries against violation and evasion.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2301

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 415 — Transferred

### Statutory Notes #### Codification Section 413c, comprising section 1079 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. 110–181, was editorially reclassified as [section 3307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3307&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 415

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2778 — Control of arms exports and imports

**(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information** (1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List. (2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. (3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this chapter as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations. **(b) Registration and licensing requirements for manufacturers, exporters, or importers of d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2778

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter. **(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter. **(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2346

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2751

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3107 — Critical cost growth in major systems

**(a) Reassessment of major system** If the Director of National Intelligence determines under [section 3101(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3101/d&num=0&edition=prelim) that the total acquisition cost of a major system has increased by a percentage equal to or greater than the critical cost growth threshold for the major system, the Director shall— (1) determine the root cause or causes of the critical cost growth, in accordance with applicable statutory requirements, policies, procedures, and guidance; and (2) carry out an assessment of— (A) the projected cost of completing the major system if current requirements are not modified; (B) the projected cost of completing the major system based on reasonable modification of such requirements; (C) the rough order of magnitude of the costs of any reasonable alternative system or capability; and (D) the need to reduce funding for other systems due to the growth in cost of the major system. **(b) Presumption of termination** (1) After conducting the reassessment required by subsection (a) with respect to a major system, the Director shall terminate the major system unless the Director submits to Congress a Major System Congressional Report containing a certification in accordance with paragraph (2) and the information described in paragraph (3). The Director shall submit such Major System Congressional Report and certification not later than 90 days after the date the Director receives the relevant major system cost report under subsection (b) or (c) of [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3101&num=0&edition=prelim). (2) A certification described by this paragraph with respect to a

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3107

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 415a–9 — Transferred

### Statutory Notes #### Codification Section 415a–7, comprising section 506E of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3101&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 415a–9

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