Page:United States Statutes at Large Volume 99 Part 1.djvu/1027

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-169—DEC. 4, 1985

99 STAT. 1005

"FUNDING OF INTELLIGENCE ACTIVITIES

"SEC. 502. (a) Appropriated funds available to an intelligence 50 USC 414. agency may be obligated or expended for an intelligence or intelligence-related activity only if— "(1) those funds were specifically authorized by the Congress for use for such 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 501 of this Act concerning any significant 50 USC 413. anticipated intelligence activity, the Director of Central Intelligence 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 need for funds for such activity is based on unforseen requirements; and "(C) the Director of Central 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, United States Code. "(b) 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) 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.". Ob) The table of contents at the end of the first section of such Act is amended by inserting the following after the item relating to section 501: "Sec. 502. Funding of intelligence activities.".