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Code · BILL · 117th Congress · S. 4802 (Reported in Senate) — To authorize appropriations for the Coast Guard, and for other purposes. · Sec. 284

Sec. 284. Coast Guard intelligence activities and emergency and extraordinary expenses

491 words·~2 min read·/bill/117/s/4802/rs/section-284

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Subject to the limitations of subsection
(b)and with sums made available to the Director of the Coast Guard Counterintelligence Service, the Commandant may expend funds for human intelligence and counterintelligence activities of any confidential, emergency, or extraordinary nature that cannot be anticipated or classified. The Commandant shall certify that such expenditure was made for an object of a confidential, emergency, or extraordinary nature and such a certification is final and conclusive upon the accounting officers of the United States. A written certification by the Commandant is sufficient voucher for the expenditure. For each fiscal year, the Commandant may not obligate or expend funds under subsection
(a)in an amount that exceeds 5 percent of the funds made available to the Director of the Coast Guard Counterintelligence Service for such fiscal year until— the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds in excess of such amount; and 15 days have elapsed since the date of the notification in accordance with subparagraph (A). The Commandant may not obligate or expend funds under subsection
(a)for an expenditure in excess of $25,000 until— the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds; and 15 days have elapsed since the date of the notification in accordance with subparagraph (A). Notwithstanding subsection (b), the Commandant may waive a requirement under such subsection if the Commandant determines that such a waiver is necessary due to extraordinary circumstances that affect the national security of the United States. If the Commandant issues a waiver under this subsection, the Commandant shall submit to the appropriate committees of Congress, by not later than 48 hours after issuing the waiver, written notice of and justification for the waiver. Not less frequently than semiannually, the Commandant shall— submit to the appropriate committees of Congress a report on all expenditures during the preceding semiannual period under subsection (a); and provide a briefing to the appropriate committees of Congress on the report submitted under subparagraph (A). Each report submitted under paragraph (1)(A) shall include, for each individual expenditure covered by such report in an amount in excess of $25,000, the following: A detailed description of the purpose of such expenditure. The amount of such expenditure. An identification of the approving authority for such expenditure. A justification of why other authorities available to the Coast Guard could not be used for such expenditure. Any other additional information as the Commandant considers appropriate. The authority of this section shall be executed in a manner that does not contravene, and is consistent with, the responsibility and authority of the Director of National Intelligence as described in sections 3023 and 3024 of title 50, United States Code. In this section, the term appropriate committees of Congress means— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives.
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