§3094 Funding of intelligence activities

Summary

Money for intelligence work can only be spent in certain ways. Appropriated funds may be used only if Congress specifically authorized them for that intelligence work, or if CIA’s Reserve for Contingencies is used with notice to the right congressional committees under section 3093, or if money meant for another purpose is shifted because the intelligence activity is a higher priority, meets an urgent or efficiency need, and the Director of National Intelligence, the Secretary of Defense, or the Attorney General tells the right congressional committees. The law also says you cannot spend money that Congress has denied, and you cannot pay for covert actions until a Presidential finding required by section 3093(a) is issued. Use of funds under 31 U.S.C. 1535 and 1536 is still allowed. Money that is not appropriated can be used only under reporting procedures agreed with the congressional intelligence committees that say what kinds of nonappropriated funds can be spent and when a planned activity must be reported as significant. Definitions in one line each: “Intelligence agency” means any U.S. department, agency, or entity doing intelligence work. “Appropriate congressional committees” means the House Permanent Select Committee on Intelligence and House Appropriations, and the Senate Select Committee on Intelligence and Senate Appropriations. “Specifically authorized by the Congress” means the activity and amount were identified and both authorized and appropriated by Congress, whether requested in a formal budget or not.