§3094 Funding of Intelligence Activities

Summary

Intelligence agencies may only spend money on intelligence work if certain rules are followed. Money can be used if Congress specifically approved it for that work. The CIA can use money from its Reserve for Contingencies if the CIA Director tells the right congressional committees first, under the rules in section 3093. Money that was approved for a different purpose can be used for a higher‑priority intelligence need only if it meets three tests: the new work is higher priority, it answers an urgent need or makes programs work better or cheaper, and the Director of National Intelligence, the Secretary of Defense, or the Attorney General notifies the right congressional committees. Funds that Congress refused may never be used. No money can be spent on covert action until a Presidential finding required by section 3093 is issued. Nonappropriated funds may be spent only under reporting procedures agreed with the congressional intelligence committees and, as needed, the DNI or Secretary of Defense. The law uses three defined terms: “intelligence agency” means any U.S. department, agency, or entity doing intelligence work; “appropriate congressional committees” means the House and Senate intelligence and appropriations committees; and “specifically authorized by the Congress” means the activity and amount were both authorized and appropriated by Congress (either after a formal budget request or by specific congressional action).