50 U.S.C. § 3094
Appropriated funds available to an intelligence agency may be obligated or expended for an intelligence or intelligence-related activity only if-
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.
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.
As used in this section-
50 U.S.C. § 3094
EDITORIAL NOTES
CODIFICATIONSection was formerly classified to section 414 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
AMENDMENTS2022-Subsec. (a)(1). Pub. L. 117-103 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "those funds were specifically authorized by the Congress for use for such activities; or".2019-Subsec. (a)(3)(B). Pub. L. 116-92 realigned margin. 2010-Subsec. (a)(3)(B). Pub. L. 111-259 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "the need for funds for such activity is based on unforseen requirements; and". 2004-Subsec. (a)(2). Pub. L. 108-458, §1071(a)(5), substituted "Director of the Central Intelligence Agency" for "Director of Central Intelligence". Subsec. (a)(3)(C). Pub. L. 108-458, §1071(a)(1)(Z), substituted "Director of National Intelligence" for "Director of Central Intelligence".Subsec. (d)(2). Pub. L. 108-458, §1071(a)(1) (AA), substituted "Director of National Intelligence" for "Director of Central Intelligence". 2002-Subsec. (d)(2). Pub. L. 107-306 substituted "congressional intelligence committees" for "intelligence committees".1991-Subsec. (a)(2). Pub. L. 102-88, §602(c)(1), substituted "section 413b" for "section 413". Subsecs. (c) to (e). Pub. L. 102-88, §603, added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
SENSE OF CONGRESS REGARDING DISCLOSURE OF ANNUAL INTELLIGENCE BUDGET Pub. L. 102-496, §303, 106 Stat. 3183, provided that: "It is the sense of Congress that, beginning in 1993, and in each year thereafter, the aggregate amount requested and authorized for, and spent on, intelligence and intelligence-related activities should be disclosed to the public in an appropriate manner." Similar provisions were contained in the following prior appropriation act: Pub. L. 102-183, §701, 105 Stat. 1270.
ENHANCED SECURITY COUNTERMEASURES CAPABILITIES; APPLICATION OF SECTIONPub. L. 99-169, title IV, §401(c), Dec. 4, 1985, 99 Stat. 1006, provided that the amendment made by section 401(a) of Pub. L. 99-169, enacting this section, would not apply with respect to funds appropriated to the Director of Central Intelligence under the heading "ENHANCED SECURITY COUNTERMEASURES CAPABILITIES" in the Supplemental Appropriations Act, 1985, Pub. L. 99-88, Aug. 15, 1985, 99 Stat. 311.
- appropriate congressional committees
- The term "appropriate congressional committees" means-(A) the congressional intelligence committees;(B) the Committee on Armed Services of the Senate;(C) the Committee on Appropriations of the Senate;(D) the Committee on Homeland Security and Governmental Affairs of the Senate;(E) the Committee on Armed Services of the House of Representatives;(F) the Committee on Appropriations of the House of Representatives;(G) the Committee on Homeland Security of the House of Representatives; and(H) the Committee on Oversight and Reform of the House of Representatives.
- congressional intelligence committees
- The term "congressional intelligence committees" means-(A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
- intelligence
- The term "intelligence" includes foreign intelligence and counterintelligence.
- national intelligence
- The terms "national intelligence" and "intelligence related to national security" refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that-(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and(B) that involves-(i) threats to the United States, its people, property, or interests;(ii) the development, proliferation, or use of weapons of mass destruction; or(iii) any other matter bearing on United States national or homeland security.