
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC414]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
       SUBCHAPTER III--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
 
Sec. 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 Central Intelligence 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
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    \1\ So in original. Probably should be ``unforeseen''.
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            (C) the Director of Central 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 intelligence committees and, as appropriate, the Director of 
Central 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.

(July 26, 1947, ch. 343, title V, Sec. 504, formerly Sec. 502, as added 
Pub. L. 99-169, title IV, Sec. 401(a), Dec. 4, 1985, 99 Stat. 1004; 
renumbered Sec. 504 and amended Pub. L. 102-88, title VI, 
Secs. 602(a)(1), (c)(1), 603, Aug. 14, 1991, 105 Stat. 441, 444.)


                               Amendments

    1991--Subsec. (a)(2). Pub. L. 102-88, Sec. 602(c)(1), substituted 
``section 413b'' for ``section 413''.
    Subsecs. (c) to (e). Pub. L. 102-88, Sec. 603, added subsecs. (c) 
and (d) and redesignated former subsec. (c) as (e).


 Limitation on Transfer of Funds Between CIA and Department of Defense; 
                   Congressional Notification Required

    Pub. L. 103-139, title VIII, Sec. 8107, Nov. 11, 1993, 107 Stat. 
1464, provided that: ``During the current fiscal year and thereafter, no 
funds may be made available through transfer, reprogramming, or other 
means between the Central Intelligence Agency and the Department of 
Defense for any intelligence or special activity different from that 
previously justified to the Congress unless the Director of Central 
Intelligence or the Secretary of Defense has notified the House and 
Senate Appropriations Committees of the intent to make such funds 
available for such activity.'' Similar provisions were contained in the 
following prior appropriation acts:
    Pub. L. 102-396, title IX, Sec. 9014, Oct. 6, 1992, 106 Stat. 1903.
    Pub. L. 102-172, title VIII, Sec. 8014, Nov. 26, 1991, 105 Stat. 
1174.
    Pub. L. 101-511, title VIII, Sec. 8015, Nov. 5, 1990, 104 Stat. 
1878.
    Pub. L. 101-165, title IX, Sec. 9022, Nov. 21, 1989, 103 Stat. 1134.
    Pub. L. 100-463, title VIII, Sec. 8035, Oct. 1, 1988, 102 Stat. 
2270-23.
    Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8037], Dec. 22, 1987, 
101 Stat. 1329-43, 1329-68.


  Sense of Congress Regarding Disclosure of Annual Intelligence Budget

    Pub. L. 102-496, title III, Sec. 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 aggregate 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 following prior appropriation 
act: Pub. L. 102-183, title VII, Sec. 701, Dec. 4, 1991, 105 Stat. 1270.


   Limitation of Expenditure of Funds Appropriated for Department of 
                      Defense Intelligence Programs

    Pub. L. 102-172, title VIII, Sec. 8089, Nov. 26, 1991, 105 Stat. 
1193, provided that: ``During the current fiscal year and hereafter, 
none of the funds appropriated for intelligence programs to the 
Department of Defense which are transferred to another Federal agency 
for execution shall be expended by the Department of Defense in any 
fiscal year in excess of amounts required for expenditure during such 
fiscal year by the Federal agency to which such funds are transferred.''


 Enhanced Security Countermeasures Capabilities; Application of Section

    Section 401(c) of Pub. L. 99-169 provided that: ``The amendment made 
by section 401(a) of this Act [enacting this section] shall not apply 
with respect to funds appropriated to the Director of Central 
Intelligence under the heading `enhanced security countermeasures 
capabilities' in the Supplemental Appropriations Act, 1985 (Public Law 
99-88) [Aug. 15, 1985, 99 Stat. 311].''

                  Section Referred to in Other Sections

    This section is referred to in title 21 section 1703.
