§ 3095. Notice to Congress of certain transfers of defense articles and defense services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1947

   Pub. L. 99–569 title VI § 602(a) · 100 Stat. 3190

   Enacted · 50 U.S.C. § 3095

   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

   Source evidence

   Code source credit
   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

   Enacted provision · exact public law section
   (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: “Sec. 503. “notice to congress of certain transfers of defense articles and defense services (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. 22 USC 2751 note. Export Control Act, title 10 of the United States Code (including a law enacted pursuant to section 7307(b)(1) of 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. “(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 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.”.

2. 1991

   Pub. L. 102–88 title VI · 105 Stat. 429

   1. Inserted · 50 U.S.C. § 3095(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”

   2. Substituted · 50 U.S.C. § 3095(a)(1)

      Pub. L. 102–88 substituted “this subchapter” for “section 413 of this title”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law
   TITLE VI— OVERSIGHT OF INTELLIGENCE ACTIVITIES SEC. 601. REPEAL OF HUGHES-RYAN AMENDMENT. Section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422) is repealed. SEC. 602. OVERSIGHT OF INTELLIGENCE ACTIVITIES. (a) In General.— Title V of the National Security Act of 1947 is amended— (1) by redesignating sections 502 and 503 as sections 504 and 50 USC 414, 415. 505, respectively; and (2) by striking out section 501 (50 U.S.C. 413) and inserting in lieu thereof the following new sections: “general congressional oversight provisions “Sec. 501. (a) (1) The President shall ensure that the intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by this title. “(2) As used in this title, the term ‘intelligence committees’ means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. “(3) Nothing in this title shall be construed as requiring the approval of the intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity. “(b) The President shall ensure that any illegal intelligence activity is reported promptly to the intelligence committees, as well as any corrective action that has been then or is planned in connection with such illegal activity. “(c) The President and the intelligence committees shall each establish such procedures as may be necessary to carry out the provisions of this title. “(d) The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect from unauthorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the intelligence committees or to Members of Congress under this title. Such procedures shall be established in consultation with the Director of Central Intelligence. In accordance with such procedures, each of the intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities requiring the attention of such House or such committee or committees. “(e) Nothing in this Act shall be construed as authority to withhold information from the intelligence committees on the grounds that providing the information to the intelligence committees would constitute the unauthorized disclosure of classified information or information relating to intelligence sources and methods. “(f) As used in this section, the term ‘intelligence activities’ includes covert actions as defined in section 503(e). “reporting of intelligence activities other than covert actions “Sec. 502. To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and other entities of the United States Government involved in intelligence activities shall— “(1) keep the intelligence committees fully and currently informed of all intelligence activities, other than a covert action (as defined in section 503(e)), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and “(2) furnish the intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities. “presidential approval and reporting of covert actions “Sec. 503. (a) The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless the President determines such an action is necessary to support identifiable foreign policy objectives of the United States and is important to the national security of the United States, which determination shall be set forth in a finding that shall meet each of the following conditions: “(1) Each finding shall be in writing, unless immediate action by the United States is required and time does not permit the preparation of a written finding, in which case a written record of the President’s decision shall be contemporaneously made and shall be reduced to a written finding as soon as possible but in no event more than 48 hours after the decision is made. “(2) Except as permitted by paragraph (1), a finding may not authorize or sanction a covert action, or any aspect of any such action, which already has occurred. “(3) Each finding shall specify each department, agency, or entity of the United States Government authorized to fund or otherwise participate in any significant way in such action. Any employee, contractor, or contract agent of a department, agency, or entity of the United States Government other than the Central Intelligence Agency directed to participate in any way in a covert action shall be subject either to the policies and regulations of the Central Intelligence Agency, or to written policies or regulations adopted by such department, agency, or entity, to govern such participation. “(4) Each finding shall specify whether it is contemplated that any third party which is not an element of, or a contractor or contract agent of, the United States Government, or is not otherwise subject to United States Government policies and regulations, will be used to fund or otherwise participate in any significant way in the covert action concerned, or be used to undertake the covert action concerned on behalf of the United States. “(5) A finding may not authorize any action that would violate the Constitution or any statute of the United States. “(b) To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and entities of the United States Government involved in a covert action— “(1) shall keep the intelligence committees fully and currently informed of all covert actions which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including significant failures; and “(2) shall furnish to the intelligence committees any information or material concerning covert actions which is in the possession, custody, or control of any department, agency, or entity of the United States Government and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities. “(c) (1) The President shall ensure that any finding approved pursuant to subsection (a) shall be reported to the intelligence committees as soon as possible after such approval and before the initiation of the covert action authorized by the finding, except as otherwise provided in paragraph (2) and paragraph (3). “(2) If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting vital interests of the United States, the finding may be reported to the chairmen and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representatives, the majority and minority leaders of the Senate, and such other member or members of the congressional leadership as may be included by the President. “(3) Whenever a finding is not reported pursuant to paragraph (1) or (2) of this section, the President shall fully inform the intelligence committees in a timely fashion and shall provide a statement of the reasons for not giving prior notice. “(4) In a case under paragraph (1), (2), or (3), a copy of the finding, signed by the President, shall be provided to the chairman of each intelligence committee. When access to a finding is limited to the Members of Congress specified in paragraph (2), a statement of the reasons for limiting such access shall also be provided. “(d) The President shall ensure that the intelligence committees, or, if applicable, the Members of Congress specified in subsection (c)(2), are notified of any significant change in a previously approved covert action, or any significant undertaking pursuant to a previously approved finding, in the same manner as findings are reported pursuant to subsection (c). “(e) As used in this title, the term ‘covert action’ means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include— “(1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities; “(2) traditional diplomatic or military activities or routine support to such activities; “(3) traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or “(4) activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad. “(f) No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.”. (b) Clerical Amendment.— The table of contents in the first section of the National Security Act of 1947 is amended by striking out the items relating to sections 501, 502, and 503 and inserting in lieu thereof the following: “Sec. 501. General congressional oversight provisions. “Sec. 502. Reporting of intelligence activities other than covert actions. “Sec. 503. Presidential approval and reporting of covert actions. “Sec. 504. Funding of intelligence activities. “Sec. 505. Notice to Congress of certain transfers of defense articles and defense services.”. (c) Conforming Amendments.— (1) Section 504 of the National Security Act of 1947, as redesignated by subsection (a), is amended 50 USC 414. in subsection (a)(2) by striking out “section 501” and inserting in lieu thereof “section 503”. (2) Section 505 of such Act (50 U.S.C. 415), as redesignated by subsection (a), is amended in subsection (a)(1) by striking out “section 501 of this Act” and inserting in lieu thereof “this title”. (3) Sections 167(g) and 2547(c) of title 10, United States Code, are amended— (A) by striking out “would require” and all that follows through “a notice” and inserting in lieu thereof “would require a notice”; and (B) by striking out “section 501(a)(1) of the National Security Act of 1947 (50 U.S.C. 413)” and inserting in lieu thereof “title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.)”. SEC. 603. LIMITATIONS ON USE OF FUNDS. Section 504 of the National Security Act of 1947 (50 U.S.C. 414), as redesignated by section 602(a) and amended by section 602(c), is further amended— (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following new subsections: “(c) No funds appropriated for, or otherwise available to, any department, agency, or entity of the United States Government may be expended, or may be directed to be expended, for any covert action, as defined in section 503(e), unless and until a Presidential finding required by subsection (a) of section 503 has been signed or otherwise issued in accordance with that subsection. “(d) (1) Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to procedures which identify— “(A) the types of activities for which nonappropriated funds may be expended; and “(B) the circumstances under which an activity must be v reported as a significant anticipated intelligence activity before such funds can be expended. “(2) Procedures for purposes of paragraph (1) shall be jointly agreed upon by the intelligence committees and, as appropriate, the Director of Central Intelligence or the Secretary of Defense.”. SEC. 604. TRANSFERS OF DEFENSE ARTICLES OR SERVICES. Section 505 of the National Security Act of 1947 (50 U.S.C. 415), as redesignated by section 602(a), is amended by inserting “, or the anticipated transfer in any fiscal year of any aggregation of defense articles or defense services,” in subsection (a)(1) after “service”.

3. 1993

   Pub. L. 103–160 div. A title VIII § 828(d)(1) · 107 Stat. 1547

   Substituted · 50 U.S.C. § 3095(a)(2)(B)(i)

   Pub. L. 103–160 substituted “section 7307(a)” for “section 7307(b)(1)”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B)(i). Pub. L. 103–160 substituted “section 7307(a)” for “section 7307(b)(1)”.

   Enacted provision · exact public law section
   (1) Section 505(a)(2)(B)(i) of the National Security Act of 1947 (50 U.S.C. 415(a)(2)(B)(i)) is amended by striking out “section 7307(b)(1)” and inserting in lieu thereof “section 7307(a)”.

4. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 809(r) · 132 Stat. 1636

   Substituted · 50 U.S.C. § 3095(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 section 7307(a) of that title)”

   Source evidence

   Code amendment note
   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 section 7307(a) of that title)”.

   Enacted provision · exact public law section
   (r) Laws Classified in Title 50, United States Code.— Section 505(a)(2)(B)(i) of the National Security Act of 1947 (50 U.S.C. 3095(a)(2)(B)(i)) is amended by striking “(including a law enacted pursuant to section 7307(a) of that title)” and inserting “(including a law enacted pursuant to section 8677(a) of title 10)”.

   Effective date note
   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.

3 of 5 references resolved to an enrolled provision · 2 partial