---
kind: "section"
citation: "10 U.S.C. § 429a"
title: "10"
title_heading: "Armed Forces"
number: "429a"
heading: "Expenditure of funds for Department of Defense intelligence and counterintelligence activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/429a"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 21 — Department of Defense Intelligence Matters"
  - "Subchapter I — General Matters"
---

# §429a. Expenditure of funds for Department of Defense intelligence and counterintelligence activities

- (a) **In General.—** Subject to subsections [(b)](#b) and [(c)](#c), the [Secretary](/usc/10/4951.md?p=3) of Defense may expend amounts made available for the [Military](/usc/10/801.md?p=8) Intelligence [Program](/usc/10/2101.md?p=1) for intelligence and counterintelligence activities for any purpose the [Secretary](/usc/10/4951.md?p=3) determines to be proper with regard to intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature. Such a determination is final and conclusive upon the accounting [officers](/usc/10/101.md?p=b-1) of the [United States](/usc/10/101.md?p=a-1).
- (b) **Limitation on Amount.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may not expend more than five percent of the amounts described in [subsection (a)](#a) for any fiscal year for objects described in that subsection unless—
  - (1) the [Secretary](/usc/10/4951.md?p=3) notifies the [congressional defense committees](/usc/10/101.md?p=a-16) and the congressional intelligence committees of the intent to expend the amounts and purpose of the expenditure; and
  - (2) 30 days have elapsed from the date on which the [Secretary](/usc/10/4951.md?p=3) provides the notice described in [paragraph (1)](#b-1).
- (c) **Certification.—** For each expenditure of funds under this section, the [Secretary](/usc/10/4951.md?p=3) shall certify that such expenditure was made for an object of a confidential, extraordinary, or emergency nature.
- (d) **Report.—** Not later than December 31 of each year, the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) and the congressional intelligence committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each such report shall include, for each expenditure under this section during the fiscal year covered by the report, a description, the purpose, the [program](/usc/10/2101.md?p=1) element, and the certification required under section (c).
- (e) **Limitation on Delegations.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may not delegate the authority under this section with respect to any expenditure in excess of $200,000.
- (f) **Nonapplication of Section 127.—** The authority provided by [subsection (a)](#a) shall be the exclusive authority available to the [Secretary](/usc/10/4951.md?p=3) of Defense to expend amounts made available for the [Military](/usc/10/801.md?p=8) Intelligence [Program](/usc/10/2101.md?p=1) for intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature.
- (g) **Congressional Intelligence Committees Defined.—** In this section, the term “congressional intelligence committees” means—
  - (1) the Select Committee on Intelligence of the Senate; and
  - (2) the Permanent Select Committee on Intelligence of the House of Representatives.

## Source credit

(Added and amended Pub. L. 118–159, div. A, title XVI, § 1614(a)–(e)(1), Dec. 23, 2024, 138 Stat. 2168, 2169.)

## Notes

### Editorial Notes

### Codification

The text of section 1057 of Pub. L. 116–92, which was transferred to this subchapter, inserted after section 429 of this title, redesignated as this section, and amended by Pub. L. 118–159, div. A, title XVI, § 1614(a)–(e)(1), Dec. 23, 2024, 138 Stat. 2168, 2169, was based on Pub. L. 116–92, div. A, title X, § 1057, Dec. 20, 2019, 133 Stat. 1593.

### Amendments

2024—Pub. L. 118–159, § 1614(a), transferred section 1057 of Pub. L. 116–92 to this subchapter, inserted it after section 429 of this title, redesignated it as this section, and conformed “SEC.” preceding section designation and catchline text to the style used in this title. See Codification note above.

Subsec. (a). Pub. L. 118–159, § 1614(b), struck out “for any of fiscal years 2020 through 2025” after “Military Intelligence Program”.

Subsec. (d). Pub. L. 118–159, § 1614(c), substituted “Not later than December 31 of each year” for “Not later than December 31 of each of 2020 through 2025”.

Subsec. (e). Pub. L. 118–159, § 1614(d), substituted “$200,000” for “$100,000”.

Subsecs. (f), (g). Pub. L. 118–159, § 1614(e)(1), added subsec. (f) and redesignated former subsec. (f) as (g).