10 U.S.C. § 429 — Appropriations for Defense intelligence

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.