50 U.S.C. § 3094 — Funding of intelligence activities

Page 670 TITLE 50—WAR AND NATIONAL DEFENSE § 3094 Editorial Notes CODIFICATION Section was formerly classified to section 413b of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 503 of act July 26, 1947, ch. 343, was re- numbered section 505 and is classified to section 3095 of this title. AMENDMENTS 2023—Subsec. (c)(3). Pub. L. 118–31 substituted ‘‘sub- section’’ for ‘‘section’’. 2019—Subsecs. (c)(5), (d)(2). Pub. L. 116–92 realigned margins. 2014—Subsec. (h). Pub. L. 113–126 added subsec. (h). 2010—Subsec. (b)(2). Pub. L. 111–259, § 331(c)(1), in- serted ‘‘(including the legal basis under which the cov- ert action is being or was conducted)’’ before ‘‘which is in the possession’’. Subsec. (c)(1). Pub. L. 111–259, § 331(c)(2)(A), inserted ‘‘in writing’’ after ‘‘be reported’’. Subsec. (c)(4). Pub. L. 111–259, § 331(c)(2)(B), redesig- nated second sentence of par. (4) as (5)(A). Subsec. (c)(5)(A). Pub. L. 111–259, § 331(c)(2)(C)(i), in- serted ‘‘, or a notification provided under subsection (d)(1),’’ before ‘‘is limited’’ and ‘‘written’’ before ‘‘state- ment’’. Pub. L. 111–259, § 331(c)(2)(B), redesignated second sen- tence of par. (4) as (5)(A). Subsec. (c)(5)(B). Pub. L. 111–259, § 331(c)(2)(C)(ii), added subpar. (B). Subsec. (d). Pub. L. 111–259, § 331(c)(3), designated ex- isting provisions as par. (1), inserted ‘‘in writing’’ after ‘‘notified’’, and added par. (2). Subsec. (g). Pub. L. 111–259, § 331(c)(4), added subsec. (g). 2004—Subsec. (b). Pub. L. 108–458 substituted ‘‘Direc- tor of National Intelligence’’ for ‘‘Director of Central Intelligence’’ in introductory provisions. 2002—Subsecs. (b), (c)(1) to (3). Pub. L. 107–306, § 353(b)(3)(C), substituted ‘‘congressional intelligence committees’’ for ‘‘intelligence committees’’ wherever appearing. Subsec. (c)(4). Pub. L. 107–306, § 353(b)(8), substituted ‘‘congressional intelligence committee’’ for ‘‘intel- ligence committee’’. Subsec. (d). Pub. L. 107–306, § 353(b)(3)(C), substituted ‘‘congressional intelligence committees’’ for ‘‘intel- ligence committees’’. 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. § 3094. Funding of intelligence activities (a) Obligations and expenditures for intelligence or intelligence-related activity; prerequisites Appropriated funds available to an intel- ligence agency may be obligated or expended for an intelligence or intelligence-related activity only if— (1) those funds were specifically authorized by Congress for use for such intelligence or in- telligence-related 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 3093 of this title concerning any sig- nificant 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 author- ized by the Congress for a different activity— (A) the activity to be funded is a higher priority intelligence or intelligence-related activity; (B) the use of such funds for such activity supports an emergent need, improves pro- gram effectiveness, or increases efficiency; and (C) the Director of National Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the ap- propriate congressional committees of the intent to make such funds available for such activity; (4) nothing in this subsection prohibits obli- gation or expenditure of funds available to an intelligence agency in accordance with sec- tions 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 in- telligence-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 avail- able 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 3093(e) of this title, unless and until a Presidential finding required by subsection (a) of section 3093 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 obli- gated or expended for an intelligence or intel- ligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to proce- dures which identify— (A) the types of activities for which non- appropriated funds may be expended; and (B) the circumstances under which an activ- ity must be reported as a significant antici- pated intelligence activity before such funds can be expended. (2) Procedures for purposes of paragraph (1) shall be jointly agreed upon by the congres- sional intelligence committees and, as appro- priate, the Director of National Intelligence or the Secretary of Defense. (e) Definitions As used in this section— 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.