50 U.S.C. § 3095 — Notice to Congress of certain transfers of

Page 671 TITLE 50—WAR AND NATIONAL DEFENSE § 3095 (1) the term ‘‘intelligence agency’’ means any department, agency, or other entity of the United States involved in intelligence or intel- ligence-related activities; (2) the term ‘‘appropriate congressional com- mittees’’ means the Permanent Select Com- mittee on Intelligence and the Committee on Appropriations of the House of Representa- tives and the Select Committee on Intel- ligence and the Committee on Appropriations of the Senate; and (3) the term ‘‘specifically authorized by the Congress’’ means that— (A) the activity and the amount of funds proposed to be used for that activity were identified in a formal budget request to the Congress, but funds shall be deemed to be specifically authorized for that activity only to the extent that the Congress both author- ized the funds to be appropriated for that ac- tivity and appropriated the funds for that activity; or (B) although the funds were not formally requested, the Congress both specifically au- thorized the appropriation of the funds for the activity and appropriated the funds for the activity. (July 26, 1947, ch. 343, title V, § 504, formerly § 502, as added Pub. L. 99–169, title IV, § 401(a), Dec. 4, 1985, 99 Stat. 1004; renumbered § 504 and amended Pub. L. 102–88, title VI, §§ 602(a)(1), (c)(1), 603, Aug. 14, 1991, 105 Stat. 441, 444; Pub. L. 107–306, title III, § 353(b)(3)(D), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108–458, title I, § 1071(a)(1)(Z), (AA), (5), Dec. 17, 2004, 118 Stat. 3689, 3690; Pub. L. 111–259, title III, § 362, Oct. 7, 2010, 124 Stat. 2701; Pub. L. 116–92, div. E, title LXVII, § 6742(b)(13), Dec. 20, 2019, 133 Stat. 2240; Pub. L. 117–103, div. X, title V, § 503, Mar. 15, 2022, 136 Stat. 986.) Editorial Notes CODIFICATION Section was formerly classified to section 414 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–103 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘those funds were specifically authorized by the Con- gress for use for such activities; or’’. 2019—Subsec. (a)(3)(B). Pub. L. 116–92 realigned mar- gin. 2010—Subsec. (a)(3)(B). Pub. L. 111–259 amended sub- par. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘the need for funds for such activity is based on unforseen requirements; and’’. 2004—Subsec. (a)(2). Pub. L. 108–458, § 1071(a)(5), sub- stituted ‘‘Director of the Central Intelligence Agency’’ for ‘‘Director of Central Intelligence’’. Subsec. (a)(3)(C). Pub. L. 108–458, § 1071(a)(1)(Z), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. Subsec. (d)(2). Pub. L. 108–458, § 1071(a)(1)(AA), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. 2002—Subsec. (d)(2). Pub. L. 107–306 substituted ‘‘con- gressional intelligence committees’’ for ‘‘intelligence committees’’. 1991—Subsec. (a)(2). Pub. L. 102–88, § 602(c)(1), sub- stituted ‘‘section 413b’’ for ‘‘section 413’’. Subsecs. (c) to (e). Pub. L. 102–88, § 603, added subsecs. (c) and (d) and redesignated former subsec. (c) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. SENSE OF CONGRESS REGARDING DISCLOSURE OF ANNUAL INTELLIGENCE BUDGET Pub. L. 102–496, title III, § 303, Oct. 24, 1992, 106 Stat. 3183, provided that: ‘‘It is the sense of Congress that, beginning in 1993, and in each year thereafter, the ag- gregate amount requested and authorized for, and spent on, intelligence and intelligence-related activities should be disclosed to the public in an appropriate manner.’’ Similar provisions were contained in the fol- lowing prior appropriation act: Pub. L. 102–183, title VII, § 701, Dec. 4, 1991, 105 Stat. 1270. ENHANCED SECURITY COUNTERMEASURES CAPABILITIES; APPLICATION OF SECTION Pub. L. 99–169, title IV, § 401(c), Dec. 4, 1985, 99 Stat. 1006, provided that the amendment made by section 401(a) of Pub. L. 99–169, enacting this section, would not apply with respect to funds appropriated to the Direc- tor of Central Intelligence under the heading ‘‘EN- HANCED SECURITY COUNTERMEASURES CAPABILITIES’’ in the Supplemental Appropriations Act, 1985, Pub. L. 99–88, Aug. 15, 1985, 99 Stat. 311. § 3095. Notice to Congress of certain transfers of defense articles and defense services (a)(1) The transfer of a defense article or de- fense 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 an- ticipated intelligence activity for the purpose of this subchapter. (2) Paragraph (1) does not apply if— (A) the transfer is being made to a depart- ment, agency, or other entity of the United States (so long as there will not be a subse- quent retransfer of the defense articles or de- fense services outside the United States Gov- ernment 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 Assist- ance 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 pursu- ant to section 8677(a) of title 10), or chapters 1 to 11 of title 40 and division C (except sec- tions 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 activ- ity. Page 672 TITLE 50—WAR AND NATIONAL DEFENSE § 3096 (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 intel- ligence-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 pro- vision 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, § 505, formerly § 503, as added Pub. L. 99–569, title VI, § 602(a), Oct. 27, 1986, 100 Stat. 3203; renumbered § 505 and amended Pub. L. 102–88, title VI, §§ 602(a)(1), (c)(2), 604, Aug. 14, 1991, 105 Stat. 441, 444, 445; Pub. L. 103–160, div. A, title VIII, § 828(d)(1), Nov. 30, 1993, 107 Stat. 1715; Pub. L. 115–232, div. A, title VIII, § 809(r), Aug. 13, 2018, 132 Stat. 1844.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(2)(B)(i), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part II of the Act is classified generally to sub- chapter II (§ 2301 et seq.) of chapter 32 of Title 22, For- eign Relations and Intercourse. For provisions deeming references to subchapter II to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of sub- chapter II, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of Title 22, and sections 2348c and 2349aa–5 of Title 22. For complete classifica- tion 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, which is classified principally to chapter 39 (§ 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. CODIFICATION Section was formerly classified to section 415 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. In subsec. (a)(2)(B)(i), ‘‘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’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Pub- lic Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2018—Subsec. (a)(2)(B)(i). Pub. L. 115–232 substituted ‘‘(including a law enacted pursuant to section 8677(a) of title 10)’’ for ‘‘(including a law enacted pursuant to sec- tion 7307(a) of that title)’’. 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 aggrega- tion of defense articles or defense services,’’ after ‘‘service’’ and substituted ‘‘this subchapter’’ for ‘‘sec- tion 413 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 3096. Specificity of National Intelligence Pro- gram budget amounts for counterterrorism, counterproliferation, counternarcotics, and counterintelligence (a) In general The budget justification materials submitted to Congress in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31 shall set forth separately the aggregate amount re- quested for that fiscal year for the National In- telligence Program for each of the following: (1) Counterterrorism. (2) Counterproliferation. (3) Counternarcotics. (4) Counterintelligence. (b) Election of classified or unclassified form Amounts set forth under subsection (a) may be set forth in unclassified form or classified form, at the election of the Director of National Intel- ligence. (July 26, 1947, ch. 343, title V, § 506, as added Pub. L. 107–306, title III, § 311(a), Nov. 27, 2002, 116 Stat. 2390; amended Pub. L. 108–458, title I, § 1074(b)(1)(A), Dec. 17, 2004, 118 Stat. 3694; Pub. L. 112–87, title V, § 505(2), Jan. 3, 2012, 125 Stat. 1897.) Editorial Notes CODIFICATION Section was formerly classified to section 415a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–87 substituted ‘‘Director of National Intelligence.’’ for ‘‘Director of Central In- telligence.’’ 2004—Pub. L. 108–458, § 1074(b)(1)(A)(ii), struck out ‘‘Foreign’’ before ‘‘Intelligence’’ in section catchline. Subsec. (a). Pub. L. 108–458, § 1074(b)(1)(A)(i), sub- stituted ‘‘National Intelligence Program’’ for ‘‘Na- tional Foreign Intelligence Program’’.