Law Summary
Release of Funds for Non-Defense Agencies
- Intelligence and confidential funds for agencies outside the Ministry of National Defense are released on a project basis.
- All such releases require prior approval by the President.
Release of Funds Within the Ministry of National Defense
- The Minister of the Budget is authorized to automatically release funds for:
- Itemized personal services positions at intelligence agencies such as NISA and ISAFP.
- Basic operating requirements of these intelligence agencies.
- Any funding related to ongoing intelligence projects at the start of the year must be:
- Recommended and approved by the Minister of National Defense.
- Accompanied by an estimate of funding requirements prepared by the Minister of National Defense.
- Funding for new projects approved during the year also requires:
- Approval and recommendation from the Minister of National Defense.
Limitations on the Release of Intelligence Funds
- Total releases for intelligence funds must not exceed the programmed amount.
- Unprogrammed intelligence appropriations or reserve amounts cannot be released without the President's approval.
Overall Administrative Process
- The Minister of National Defense holds significant authority in recommending fund releases related to intelligence.
- The Minister of the Budget handles automatic release of basic operational and personnel costs and follows recommendations for project funding.
- The President retains ultimate control over unprogrammed or reserve funds, ensuring an additional layer of oversight.
Legal and Operational Implications
- The directive ensures controlled and accountable disbursement of intelligence funds.
- Prevents unauthorized release of confidential funds by setting clear approval processes.
- Balances operational needs of intelligence agencies with governmental financial oversight.