10 U.S.C. § 429a — Expenditure of funds for Department of

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 within the definition of ‘‘intelligence commu- nity’’ under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (Added Pub. L. 112–87, title IV, § 433(a), Jan. 3, 2012, 125 Stat. 1894; amended Pub. L. 113–291, div. A, title X, § 1071(c)(5), (f)(6), Dec. 19, 2014, 128 Stat. 3508, 3510.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–291, § 1071(c)(5)(A), sub- stituted ‘‘section 102A of the National Security Act of 1947 (50 U.S.C. 3024)’’ for ‘‘Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1)’’. Subsec. (c). Pub. L. 113–291, § 1071(f)(6), substituted ‘‘law’’ for ‘‘act’’. Subsec. (e). Pub. L. 113–291, § 1071(c)(5)(B), substituted ‘‘(50 U.S.C. 3003(4))’’ for ‘‘(50 U.S.C. 401a(4))’’. § 429a. Expenditure of funds for Department of Defense intelligence and counterintelligence activities (a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary of Defense may expend amounts made available for the Military Intel- ligence Program for intelligence and counter- intelligence activities for any purpose the Sec- retary determines to be proper with regard to intelligence and counterintelligence objects of a confidential, extraordinary, or emergency na- ture. Such a determination is final and conclu- sive 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 sub- section unless— (1) the Secretary notifies the congressional defense committees and the congressional in- telligence 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 de- scribed 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 emer- gency 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 in- clude, 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 Sec- retary of Defense may not delegate the author- ity under this section with respect to any ex- penditure in excess of $200,000. (f) NONAPPLICATION OF SECTION 127.—The au- thority provided by subsection (a) shall be the exclusive authority available to the Secretary of Defense to expend amounts made available for the Military Intelligence Program for intel- ligence and counterintelligence objects of a con- fidential, extraordinary, or emergency nature. (g) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the term ‘‘congres- sional intelligence committees’’ means— (1) the Select Committee on Intelligence of the Senate; and (2) the Permanent Select Committee on In- telligence of the House of Representatives. (Added and amended Pub. L. 118–159, div. A, title XVI, § 1614(a)–(e)(1), Dec. 23, 2024, 138 Stat. 2168, 2169.) Editorial Notes CODIFICATION The text of section 1057 of Pub. L. 116–92, which was transferred to this subchapter, inserted after section 429 of this title, redesignated as this section, and amended by Pub. L. 118–159, div. A, title XVI, § 1614(a)–(e)(1), Dec. 23, 2024, 138 Stat. 2168, 2169, was based on Pub. L. 116–92, div. A, title X, § 1057, Dec. 20, 2019, 133 Stat. 1593. AMENDMENTS 2024—Pub. L. 118–159, § 1614(a), transferred section 1057 of Pub. L. 116–92 to this subchapter, inserted it after section 429 of this title, redesignated it as this section, and conformed ‘‘SEC.’’ preceding section designation and catchline text to the style used in this title. See Codification note above. Page 462 TITLE 10—ARMED FORCES § 430 1 So in original. Appears in text capitalized as ‘‘Senior Intel- ligence Oversight Official’’. Subsec. (a). Pub. L. 118–159, § 1614(b), struck out ‘‘for any of fiscal years 2020 through 2025’’ after ‘‘Military Intelligence Program’’. Subsec. (d). Pub. L. 118–159, § 1614(c), substituted ‘‘Not later than December 31 of each year’’ for ‘‘Not later than December 31 of each of 2020 through 2025’’. Subsec. (e). Pub. L. 118–159, § 1614(d), substituted ‘‘$200,000’’ for ‘‘$100,000’’. Subsecs. (f), (g). Pub. L. 118–159, § 1614(e)(1), added sub- sec. (f) and redesignated former subsec. (f) as (g). § 430. Tactical Exploitation of National Capabili- ties Executive Agent (a) DESIGNATION.—The Under Secretary of De- fense for Intelligence and Security shall des- ignate a civilian employee of the Department or a member of the armed forces to serve as the Tactical Exploitation of National Capabilities Executive Agent. (b) DUTIES.—The Executive Agent designated under subsection (a) shall— (1) report directly to the Under Secretary of Defense for Intelligence and Security; (2) work with the combatant commands, military departments, and the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) to— (A) develop methods to increase warfighter effectiveness through the exploitation of na- tional capabilities; and (B) promote cross-domain integration of such capabilities into military operations, training, intelligence, surveillance, and re- connaissance activities. (Added Pub. L. 113–291, div. A, title XVI, § 1621(a), Dec. 19, 2014, 128 Stat. 3631; amended Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(viii), Dec. 20, 2019, 133 Stat. 1733; Pub. L. 116–283, div. A, title X, § 1081(a)(17), Jan. 1, 2021, 134 Stat. 3871.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 116–283 inserted ‘‘and Se- curity’’ after ‘‘for Intelligence’’. 2019—Subsec. (a). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Intelligence and Security’’ for ‘‘Under Secretary of Defense for Intelligence’’. § 430a. Executive agent for management and oversight of alternative compensatory con- trol measures (a) EXECUTIVE AGENT.—The Secretary of De- fense shall designate a senior official from among the personnel of the Department of De- fense to act as the Department of Defense execu- tive agent for the management and oversight of alternative compensatory control measures. (b) ROLES, RESPONSIBILITIES, AND AUTHORI- TIES.—The Secretary shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a). Such roles, responsibilities, and authorities shall in- clude the development of an annual manage- ment and oversight plan for Department-wide accountability and reporting to the congres- sional defense committees. (Added Pub. L. 114–92, div. A, title X, § 1083(a)(1), Nov. 25, 2015, 129 Stat. 1003.) § 430b. Executive agent for open-source intel- ligence tools (a) DESIGNATION.—Not later than April 1, 2016, the Secretary of Defense shall designate a senior official of the Department of Defense to serve as the executive agent for the Department for open-source intelligence tools. (b) ROLES, RESPONSIBILITIES, AND AUTHORI- TIES.— (1) Not later than July 1, 2016, in accord- ance with Directive 5101.1, the Secretary shall prescribe the roles, responsibilities, and authori- ties of the executive agent designated under sub- section (a). (2) The roles and responsibilities of the execu- tive agent designated under subsection (a) shall include the following: (A) Developing and maintaining a com- prehensive list of open-source intelligence tools and technical standards. (B) Establishing priorities for the develop- ment, acquisition, and integration of open- source intelligence tools into the intelligence enterprise, and other command and control systems as needed. (C) Certifying all open-source intelligence tools with respect to compliance with the standards required by the framework and guid- ance for the Intelligence Community Informa- tion Technology Enterprise, the Defense Intel- ligence Information Enterprise, and the Joint Information Environment. (D) Assessing and making recommendations regarding the protection of privacy in the ac- quisition, analysis, and dissemination of open- source information available around the world. (E) Performing such other assessments or analyses as the Secretary considers appro- priate. (c) SUPPORT WITHIN DEPARTMENT OF DE- FENSE.—In accordance with Directive 5101.1, the Secretary shall ensure that the military depart- ments, the Defense Agencies, and other ele- ments of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent. (d) DEFINITIONS.—In this section: (1) The term ‘‘Directive 5101.1’’ means De- partment of Defense Directive 5101.1, or any successor directive relating to the responsibil- ities of an executive agent of the Department of Defense. (2) The term ‘‘executive agent’’ has the meaning given the term ‘‘DoD Executive Agent’’ in Directive 5101.1. (3) The term ‘‘open-source intelligence tools’’ means tools for the systematic collec- tion, processing, and analysis of publicly available information for known or antici- pated intelligence requirements. (Added Pub. L. 114–92, div. A, title XVI, § 1631(a), Nov. 25, 2015, 129 Stat. 1110.) § 430c. Senior intelligence oversight official 1 (a) ESTABLISHMENT.—The Secretary of De- fense, or a designee of the Secretary determined