§429a Expenditure of Funds for Department of Defense Intelligence and Counterintelligence Activities

Summary

The Secretary of Defense may spend money from the Military Intelligence Program for secret, extraordinary, or emergency intelligence or counterintelligence work when the Secretary decides it is proper. That decision is final for government accountants. The Secretary cannot spend more than 5% of those funds in any one fiscal year for such purposes unless he notifies the congressional defense committees and the congressional intelligence committees and waits 30 days after giving notice. For each payment the Secretary must certify it was for a secret, extraordinary, or emergency purpose. By December 31 each year the Secretary must send Congress a report on the prior fiscal year’s such expenditures, showing a description, purpose, program element, and the required certification. The Secretary may not delegate authority for any single expenditure over $200,000. The authority above is the only way the Secretary may use these funds for those kinds of secret or emergency objects. “Congressional intelligence committees” means the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence.