§3094 Funding of Intelligence Activities

Summary

Appropriated money for intelligence work must only be spent if one of a few rules is met. The money must be specifically authorized and appropriated by Congress, or, for the CIA’s Reserve for Contingencies, the Director of the Central Intelligence Agency must tell the appropriate congressional committees about the planned use under section 3093. Money that was approved for a different purpose can be moved only if the new use is a higher priority, meets an urgent need or improves effectiveness or efficiency, and the Director of National Intelligence, the Secretary of Defense, or the Attorney General notifies the appropriate congressional committees. Nothing here stops spending under sections 1535 and 1536 of title 31. Funds that Congress has denied may never be used, and no funds may be spent for covert action until a Presidential finding required by section 3093(a) is signed. Non-appropriated money (funds not supplied by Congress) can be used only under reporting procedures that tell Congress what types of activities may be paid for and when a planned activity must be reported as a significant anticipated intelligence activity. Those procedures must be agreed to by the congressional intelligence committees and, where appropriate, the Director of National Intelligence or the Secretary of Defense. Definitions (one line each): “Intelligence agency” — any U.S. department, agency, or entity that does intelligence work. “Appropriate congressional committees” — House Permanent Select Committee on Intelligence and House Appropriations, and Senate Select Committee on Intelligence and Senate Appropriations. “Specifically authorized by the Congress” — either requested in a formal budget and both authorized and appropriated, or specifically authorized and appropriated even if not formally requested.