50 U.S.C. § 414 : US Code - Section 414: Funding of intelligence activities

Search 50 U.S.C. § 414 : US Code - Section 414: Funding of intelligence activities

(a) Obligations and expenditures for intelligence or intelligence-
related activity; prerequisites
Appropriated funds available to an intelligence agency may be
obligated or expended for an intelligence or intelligence-related
activity only if -
(1) those funds were specifically authorized by the Congress
for use for such activities; or
(2) in the case of funds from the Reserve for Contingencies of
the Central Intelligence Agency and consistent with the
provisions of section 413b of this title concerning any
significant anticipated intelligence activity, the Director of
the Central Intelligence Agency has notified the appropriate
congressional committees of the intent to make such funds
available for such activity; or
(3) in the case of funds specifically authorized by the
Congress for a different activity -
(A) the activity to be funded is a higher priority
intelligence or intelligence-related activity;
(B) the need for funds for such activity is based on
unforseen (!1) requirements; and
(C) the Director of National Intelligence, the Secretary of
Defense, or the Attorney General, as appropriate, has notified
the appropriate congressional committees of the intent to make
such funds available for such activity;
(4) nothing in this subsection prohibits obligation or
expenditure of funds available to an intelligence agency in
accordance with sections 1535 and 1536 of title 31.
(b) Activities denied funding by Congress
Funds available to an intelligence agency may not be made
available for any intelligence or intelligence-related activity for
which funds were denied by the Congress.
(c) Presidential finding required for expenditure of funds on
covert action
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 413b(e) of this title, unless and
until a Presidential finding required by subsection (a) of section
413b of this title has been signed or otherwise issued in
accordance with that subsection.
(d) Report to Congressional committees required for expenditure of
nonappropriated funds for intelligence activity
(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 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 congressional intelligence committees and, as
appropriate, the Director of National Intelligence or the Secretary
of Defense.
(e) Definitions
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 term "appropriate congressional committees" means the
Permanent Select Committee on Intelligence and the Committee on
Appropriations of the House of Representatives and the Select
Committee on Intelligence 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 authorized the funds to be appropriated for that
activity and appropriated the funds for that activity; or
(B) although the funds were not formally requested, the
Congress both specifically authorized the appropriation of the
funds for the activity and appropriated the funds for the
activity.