§ 3094.
(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.
(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.
([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].)