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10 U.S.C. § 429 — Appropriations for Defense intelligence elements: accounts for transfers; transfer authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Accounts for Appropriations for Defense Intelligence Elements.—** The Secretary of Defense may transfer appropriations of the Department of Defense which are available for the activities of Defense intelligence elements to an account or accounts established for receipt of such transfers. Each such account may also receive transfers from the Director of National Intelligence if made pursuant to section 102A of the National Security Act of 1947 ([50 U.S.C. 3024](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3024&num=0&edition=prelim)) and transfers and reimbursements arising from transactions, as authorized by law, between a Defense intelligence element and another entity. Appropriation balances in each such account may be transferred back to the account or accounts from which such appropriations originated as appropriation refunds.
**(b) Recordation of Transfers.—** Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers.
**(c) Availability of Funds.—** Funds transferred pursuant to subsection (a) shall remain available for the same time period and for the same purpose as the appropriation from which transferred, and shall remain subject to the same limitations provided in the law making the appropriation.
**(d) Obligation and Expenditure of Funds.—** Unless otherwise specifically authorized by law, funds transferred pursuant to subsection (a) shall only be obligated and expended in accordance with chapter 15 of title 31 and all other applicable provisions of law.
**(e) Defense Intelligence Element Defined.—** In this section, the term “Defense intelligence element” means any of the Department of Defense agencies, offices, and elements included within the definition of “intelligence community” under sec
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Source location: Title 10, Chapter 21, § 429; chapter-021-department-of-defense-intelligence-matters.md
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**(a) Accounts for Appropriations for Defense Intelligence Elements.—** The Secretary of Defense may transfer appropriations of the Department of Defense which are available for the activities of Defense intelligence elements to an account or accounts established for receipt of such transfers. Each such account may also receive transfers from the Director of National Intelligence if made pursuant to section 102A of the National Security Act of 1947 ([50 U.S.C. 3024](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3024&num=0&edition=prelim)) and transfers and reimbursements arising from transactions, as authorized by law, between a Defense intelligence element and another entity. Appropriation balances in each such account may be transferred back to the account or accounts from which such appropriations originated as appropriation refunds.
**(b) Recordation of Transfers.—** Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers.
**(c) Availability of Funds.—** Funds transferred pursuant to subsection (a) shall remain available for the same time period and for the same purpose as the appropriation from which transferred, and shall remain subject to the same limitations provided in the law making the appropriation.
**(d) Obligation and Expenditure of Funds.—** Unless otherwise specifically authorized by law, funds transferred pursuant to subsection (a) shall only be obligated and expended in accordance with chapter 15 of title 31 and all other applicable provisions of law.
**(e) Defense Intelligence Element Defined.—** In this section, the term “Defense intelligence element” means any of the Department of Defense agencies, offices, and elements included within the definition of “intelligence community” under section 3(4) of the National Security Act of 1947 ([50 U.S.C. 3003(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 402c, comprising section 904 of the Counterintelligence Enhancement Act of 2002, Pub. L. 107–306, title IX, and also of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as [section 3383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3383&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 403–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “Department of the Army” as used in this chapter shall be construed to mean the Department of the Army at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Army.
**(b)** The term “Department of the Navy” as used in this chapter shall be construed to mean the Department of the Navy at the seat of the government; the headquarters, United States Marine Corps; the entire operating forces of the United States Navy, including naval aviation, and of the United States Marine Corps, including the reserve components of such forces; all field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Department of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law.
**(c)** The term “Department of the Air Force” as used in this chapter shall be construed to mean the Department of the Air Force at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Air Force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3024
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to subsections (b) and (c), the Secretary of Defense may expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence activities for any purpose the Secretary determines to be proper with regard to intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature. Such a determination is final and conclusive upon the accounting officers of the United States.
**(b) Limitation on Amount.—** The Secretary of Defense may not expend more than five percent of the amounts described in subsection (a) for any fiscal year for objects described in that subsection unless—
(1) the Secretary notifies the congressional defense committees and the congressional intelligence committees of the intent to expend the amounts and purpose of the expenditure; and
(2) 30 days have elapsed from the date on which the Secretary provides the notice described in paragraph (1).
**(c) Certification.—** For each expenditure of funds under this section, the Secretary shall certify that such expenditure was made for an object of a confidential, extraordinary, or emergency nature.
**(d) Report.—** Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees and the congressional intelligence committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each such report shall include, for each expenditure under this section during the fiscal year covered by the report, a description, the purpose, the program element, and the certification required under section (c).
**(e) Limitation on Delegations.—** The Secretary of Defense may not delegate the authority under t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 429a
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Federal law — U.S. Code and appendices · legal_authorities
Page 461
TITLE 10—ARMED FORCES
§ 429a
§ 429. Appropriations for Defense intelligence
elements: accounts for transfers; transfer au-
thority
(a) ACCOUNTS
FOR
APPROPRIATIONS
FOR
DE-
FENSE INTELLIGENCE ELEMENTS.—The Secretary
of Defense may transfer appropriations of the
Department of Defense which are available for
the activities of Defense intelligence elements
to an account or accounts established for receipt
of such transfers. Each such account may also
receive transfers from the Director of National
Intelligence if made pursuant to section 102A of
the National Security Act of 1947 (50 U.S.C. 3024)
and transfers and reimbursements arising from
transactions, as authorized by law, between a
Defense intelligence element and another enti-
ty. Appropriation balances in each such account
may be transferred back to the account or ac-
counts from which such appropriations origi-
nated as appropriation refunds.
(b) RECORDATION
OF
TRANSFERS.—Transfers
made pursuant to subsection (a) shall be re-
corded as expenditure transfers.
(c) AVAILABILITY OF FUNDS.—Funds transferred
pursuant to subsection (a) shall remain avail-
able for the same time period and for the same
purpose as the appropriation from which trans-
ferred, and shall remain subject to the same lim-
itations provided in the law making the appro-
priation.
(d) OBLIGATION AND EXPENDITURE OF FUNDS.—
Unless otherwise specifically authorized by law,
funds transferred pursuant to subsection (a)
shall only be obligated and expended in accord-
ance with chapter 15 of title 31 and all other ap-
plicable provisions of law.
(e) DEFENSE INTELLIGENCE ELEMENT DEFINED.—
In this section, the term ‘‘Defense intelligence
element’’ means any of the Department of De-
fense agencies, offices, and elements included
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 429
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3003
Stat. 495, known as the National Security Act of 1947,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 401 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1958—Pub. L. 85–599 amended section generally, and,
among other changes, provided that each military de-
partment shall be separately organized, instead of sepa-
rately administered, under its own Secretary and shall
function under the direction, authority, and control of
the Secretary of Defense, and inserted provisions relat-
ing to establishment of unified or specified combatant
commands and for elimination of unnecessary duplica-
tion.
1949—Act Aug. 10, 1949, provided that the military de-
partments shall be separately administered but be
under the direction of the Secretary of Defense, and
that there shall not be a single Chief of Staff over the
armed forces nor an armed forces general staff.
§ 3003. Definitions
As used in this chapter:
(1) The term ‘‘intelligence’’ includes foreign
intelligence and counterintelligence.
(2) The term ‘‘foreign intelligence’’ means
information relating to the capabilities, inten-
tions, or activities of foreign governments or
elements thereof, foreign organizations, or for-
eign persons, or international terrorist activi-
ties.
(3) The term ‘‘counterintelligence’’ means
information gathered, and activities con-
ducted, to protect against espionage, other in-
telligence activities, sabotage, or assassina-
tions conducted by or on behalf of foreign gov-
ernments or elements thereof, foreign organi-
zations, or foreign persons, or international
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
Page 578
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3024
Stat. 908; Pub. L. 94–361, title VIII, § 801(b), July 14, 1976,
90 Stat. 929; Pub. L. 94–522, title I, §§ 101, 102, title II,
§§ 201–213, Oct. 17, 1976, 90 Stat. 2467–2471; Ex. Ord. No.
12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept.
30, 1981, 46 F.R. 48889; Pub. L. 97–269, title VI, §§ 602–611,
Sept. 27, 1982, 96 Stat. 1145–1148, 1152–1153; Ex. Ord. No.
12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485,
July 13, 1984, 49 F.R. 28827; Pub. L. 98–618, title III, § 302,
Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99–169, title VII, § 702,
Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V,
§§ 501–506, June 6, 1986, 100 Stat. 622–624; Pub. L. 99–514,
§ 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–569, title III,
§ 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100–178, title
IV, §§ 401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat.
1012–1014; Pub. L. 100–453, title III, § 302(a), (b)(1), (c)(1),
(d)(1), (2), title V, § 502, Sept. 29, 1988, 102 Stat. 1906, 1907,
1909; Pub. L. 101–193, title III, §§ 302–304(a), 307(b), Nov.
30, 1989, 103 Stat. 1703, 1707; Pub. L. 102–83, § 5(c)(2), Aug.
6, 1991, 105 Stat. 406; Pub. L. 102–88, title III,
§§ 302–305(a), 306–307(b), Aug. 14, 1991, 105 Stat. 431–433;
Pub. L. 102–183, title III, §§ 302(a)–(c), 303(a), 304–306(b),
307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262–1266; Pub.
L. 102–496, title III, § 304(b), Oct. 24, 1992, 106 Stat. 3183,
known as the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees, was revised gen-
erally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992,
106 Stat. 3196. As so revised, Pub. L. 88–643, now known
as the Central Intelligence Agency Retirement Act, has
been transferred to chapter 38
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3024
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