§ 3094. Funding of intelligence activities
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(a)Obligations and expenditures for intelligence or intelligence-related activity; prerequisites Appropriated funds available to an intelligence agency may be obligated or expended for an intelligence or intelligence-related activity only if—
(1)those funds were specifically authorized by Congress for use for such intelligence or intelligence-related activities; or
(2)in the case of funds from the Reserve for Contingencies of the Central Intelligence Agency and consistent with the provisions of section 3093 of this title concerning any significant anticipated intelligence activity, the Director of the Central Intelligence Agency has notified the appropriate congressional committees of the intent to make such funds available for such activity; or
(3)in the case of funds specifically authorized by the Congress for a different activity—
(A)the activity to be funded is a higher priority intelligence or intelligence-related activity;
(B)the use of such funds for such activity supports an emergent need, improves program effectiveness, or increases efficiency; and
(C)the Director of National Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the appropriate congressional committees of the intent to make such funds available for such activity;
(4)nothing in this subsection prohibits obligation or expenditure of funds available to an intelligence agency in accordance with sections 1535 and 1536 of title 31.
(b)Activities denied funding by Congress Funds available to an intelligence agency may not be made available for any intelligence or intelligence-related activity for which funds were denied by the Congress.
(c)Presidential finding required for expenditure of funds on covert action No funds appropriated for, or otherwise available to, any department, agency, or entity of the United States Government may be expended, or may be directed to be expended, for any covert action, as defined in section 3093(e) of this title, unless and until a Presidential finding required by subsection
(a)of section 3093 of this title has been signed or otherwise issued in accordance with that subsection.
(d)Report to congressional committees required for expenditure of nonappropriated funds for intelligence activity
(1)Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to procedures which identify—
(A)the types of activities for which nonappropriated funds may be expended; and
(B)the circumstances under which an activity must be reported as a significant anticipated intelligence activity before such funds can be expended.
(2)Procedures for purposes of paragraph
(1)shall be jointly agreed upon by the congressional intelligence committees and, as appropriate, the Director of National Intelligence or the Secretary of Defense.
(e)Definitions As used in this section—
(1)the term “intelligence agency” means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;
(2)the term “appropriate congressional committees” means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and
(3)the term “specifically authorized by the Congress” means that—
(A)the activity and the amount of funds proposed to be used for that activity were identified in a formal budget request to the Congress, but funds shall be deemed to be specifically authorized for that activity only to the extent that the Congress both authorized the funds to be appropriated for that activity and appropriated the funds for that activity; or
(B)although the funds were not formally requested, the Congress both specifically authorized the appropriation of the funds for the activity and appropriated the funds for the activity.
(July 26, 1947, ch. 343, title V, § 504, formerly § 502, as added Pub. L. 99–169, title IV, § 401(a), Dec. 4, 1985, 99 Stat. 1004; renumbered § 504 and amended Pub. L. 102–88, title VI, §§ 602(a)(1), (c)(1), 603, Aug. 14, 1991, 105 Stat. 441, 444; Pub. L. 107–306, title III, § 353(b)(3)(D), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108–458, title I, § 1071(a)(1)(Z), (AA), (5), Dec. 17, 2004, 118 Stat. 3689, 3690; Pub. L. 111–259, title III, § 362, Oct. 7, 2010, 124 Stat. 2701; Pub. L. 116–92, div. E, title LXVII, § 6742(b)(13), Dec. 20, 2019, 133 Stat. 2240; Pub. L. 117–103, div. X, title V, § 503, Mar. 15, 2022, 136 Stat. 986.)
Connections485 cite this · traces to 5
Cited by 485 sections · top 60
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 116-92National Defense Authorization Act for Fiscal Year 2020
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 117-328Consolidated Appropriations Act, 2023
- Public Law 114-113Consolidated Appropriations Act, 2016
- Public Law 118-31National Defense Authorization Act for Fiscal Year 2024
- Public Law 116-94Further Consolidated Appropriations Act, 2020
- Public Law 113-235Consolidated and Further Continuing Appropriations Act, 2015
- Public Law 113-76Consolidated Appropriations Act, 2014
- Public Law 115-31Consolidated Appropriations Act, 2017
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 116-6Consolidated Appropriations Act, 2019
- Public Law 114-223Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act
- Public Law 116-93Consolidated Appropriations Act, 2020
- Public Law 116-159Continuing Appropriations Act, 2021 and Other Extensions Act
- Public Law 115-245Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019
- Public Law 117-43Extending Government Funding and Delivering Emergency Assistance Act
- Public Law 119-4Full-Year Continuing Appropriations and Extensions Act, 2025
- Public Law 119-37Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026
- Public Law 117-180Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
- Public Law 115-56Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017
- Public Law 118-50Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes.Apr
- Public Law 118-15Continuing Appropriations Act, 2024 and Other Extensions Act
- Public Law 116-59Continuing Appropriations Act, 2020, and Health Extenders Act of 2019
- Public Law 118-83Continuing Appropriations and Extensions Act, 2025
- Public Law 115-244Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019
- Public Law 119-74Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026
- Public Law 114-53TSA Office of Inspection Accountability Act of 2015
- Public Law 113-164Making continuing appropriations for fiscal year 2015, and for other purposes.Sept
- Public Law 113-126Intelligence Authorization Act for Fiscal Year 2014
- Public Law 115-120Federal Register Printing Savings Act of 2017
- Public Law 113-46Making continuing appropriations for the fiscal year ending September 30, 2014, and for other purposes.Oct
- Public Law 117-128Making emergency supplemental appropriations for assistance for the situation in Ukraine for the fiscal year ending September 30, 2022, and for other purposes.May 21, 2022[[H.R
U.S. Code
- § 414Transferred
- § 3093Presidential approval and reporting of covert actions
- § 3519bSpecial rules for certain individuals injured by reason of war, insurgency, hostile act, terrorist activities, or incidents designated by the Director
- § 3092Reporting of intelligence activities other than covert actions
- § 2422Repealed. Pub. L. 102–88, title VI, § 601, Aug. 14, 1991, 105 Stat. 441
- § 3331Management of intelligence community personnel
statutes-at-large
- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
- Public Law 116–159Making continuing appropriations for fiscal year 2021, and for other purposes
- Public Law 118–15Making continuing appropriations for fiscal year 2024, and for other purposes
- Public Law 115–245Making consolidated appropriations for the Departments of Defense, Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2019, and for other purposes
- Public Law 117–128Making emergency supplemental appropriations for assistance for the situation in Ukraine for the fiscal year ending September 30, 2022, and for other purposes
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 114–113Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes
- Public Law 116–6
statute-compilations
- Sec. 8074Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2020 until the enactment of the Intelligence Authorization Act for Fiscal Year 2020.
- Sec. 1108Funds appropriated by this division may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
- Sec. 509Funds appropriated by this division for foreign assistance (including foreign military sales), for the Department of State, for broadcasting subject to supervision of United States Agency for Global Media, and for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for the purposes of section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
- Sec. 7022authorization requirements
- Sec. 7022authorization requirements
- Sec. 519Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2022 until the enactment of the Intelligence Authorization Act for fiscal year 2022.
- Sec. 519Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2021 until the enactment of the Intelligence Authorization Act for fiscal year 2021.
- Sec. 306MANAGEMENT OF INTELLIGENCE COMMUNITY PERSONNEL
- Sec. 416None of the funds made available by this Act may be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.
- Sec. 113Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
- Sec. 113Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
- Sec. 113Funds appropriated by this joint resolution may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
- Sec. 113Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
31 references not yet in our index
- July 26, 1947, ch. 343
- Pub. L. 99–169, title IV, § 401(a)
- 99 Stat. 1004
- Pub. L. 102–88, title VI
- 105 Stat. 441
- Pub. L. 107–306, title III, § 353(b)(3)(D)
- 116 Stat. 2402
- Pub. L. 108–458, title I, § 1071(a)(1)(Z)
- 118 Stat. 3689
- Pub. L. 111–259, title III, § 362
- 124 Stat. 2701
- 133 Stat. 2240
- 136 Stat. 986
- Pub. L. 111–259
- Pub. L. 108–458, § 1071(a)(5)
- Pub. L. 108–458, § 1071(a)(1)(Z)
- Pub. L. 108–458, § 1071(a)(1)(AA)
- Pub. L. 107–306
- Pub. L. 102–88, § 602(c)(1)
- Pub. L. 102–88, § 603
- Pub. L. 108–458
- section 1097(a) of Pub. L. 108–458
- Pub. L. 102–496, title III, § 303
- 106 Stat. 3183
- Pub. L. 102–183, title VII, § 701
- 105 Stat. 1270
- Pub. L. 99–169, title IV, § 401(c)
- 99 Stat. 1006
- section 401(a) of Pub. L. 99–169
- Pub. L. 99–88
- 99 Stat. 311
Citation graph
cites case law
§ 3094
Funding of intelligence activities
Bills×317
Pub. L.×59
Stat. Comp.×56
Stat.×47
U.S.C.×6
ActJuly 26, 1947, ch. 343
Pub. L.Pub. L. 99–169, title IV, § 401(a)
Stat.99 Stat. 1004
Pub. L.Pub. L. 102–88, title VI
Stat.105 Stat. 441
Cites 36 · showing 10Cited by 485 across 5 sources