50 USC § 413b - Presidential approval and reporting of covert actions
(a)
Presidential findings
The President may not authorize the
conduct of a covert action by departments, agencies, or entities of the
United States Government unless the President determines such an action
is necessary to support identifiable foreign policy objectives of the
United States and is important to the national security of the United
States, which determination shall be set forth in a finding that shall
meet each of the following conditions:
(1)
Each finding shall be in writing,
unless immediate action by the United States is required and time does
not permit the preparation of a written finding, in which case a written
record of the President’s decision shall be contemporaneously made and
shall be reduced to a written finding as soon as possible but in no
event more than 48 hours after the decision is made.
(2)
Except as permitted by paragraph (1), a
finding may not authorize or sanction a covert action, or any aspect of
any such action, which already has occurred.
(3)
Each finding shall specify each
department, agency, or entity of the United States Government authorized
to fund or otherwise participate in any significant way in such action.
Any employee, contractor, or contract agent of a department, agency, or
entity of the United States Government other than the Central
Intelligence Agency directed to participate in any way in a covert
action shall be subject either to the policies and regulations of the
Central Intelligence Agency, or to written policies or regulations
adopted by such department, agency, or entity, to govern such
participation.
(4)
Each finding shall specify whether it
is contemplated that any third party which is not an element of, or a
contractor or contract agent of, the United States Government, or is not
otherwise subject to United States Government policies and regulations,
will be used to fund or otherwise participate in any significant way in
the covert action concerned, or be used to undertake the covert action
concerned on behalf of the United States.
(b)
Reports to congressional intelligence committees; production of information
To the extent consistent with due regard
for the protection from unauthorized disclosure of classified
information relating to sensitive intelligence sources and methods or
other exceptionally sensitive matters, the Director of National
Intelligence and the heads of all departments, agencies, and entities of
the United States Government involved in a covert action—
(1)
shall keep the congressional
intelligence committees fully and currently informed of all covert
actions which are the responsibility of, are engaged in by, or are
carried out for or on behalf of, any department, agency, or entity of
the United States Government, including significant failures; and
(2)
shall furnish to the congressional
intelligence committees any information or material concerning covert
actions (including the legal basis under which the covert action is
being or was conducted) which is in the possession, custody, or control
of any department, agency, or entity of the United States Government and
which is requested by either of the congressional intelligence
committees in order to carry out its authorized responsibilities.
(c)
Timing of reports; access to finding
(1)
The President shall ensure that any
finding approved pursuant to subsection (a) of this section shall be
reported in writing to the congressional intelligence committees as soon
as possible after such approval and before the initiation of the covert
action authorized by the finding, except as otherwise provided in
paragraph (2) and paragraph (3).
(2)
If the President determines that it is
essential to limit access to the finding to meet extraordinary
circumstances affecting vital interests of the United States, the
finding may be reported to the chairmen and ranking minority members of
the congressional intelligence committees, the Speaker and minority
leader of the House of Representatives, the majority and minority
leaders of the Senate, and such other member or members of the
congressional leadership as may be included by the President.
(3)
Whenever a finding is not reported pursuant to paragraph (1) or (2) of this section,
[1]
the President shall fully inform the congressional
intelligence committees in a timely fashion and shall provide a
statement of the reasons for not giving prior notice.
(4)
In a case under paragraph (1), (2), or
(3), a copy of the finding, signed by the President, shall be provided
to the chairman of each congressional intelligence committee.
(5)
(A)
When access to a finding, or a
notification provided under subsection (d)(1), is limited to the Members
of Congress specified in paragraph (2), a written statement of the
reasons for limiting such access shall also be provided.
(d)
Changes in previously approved actions
(1)
The President shall ensure that the
congressional intelligence committees, or, if applicable, the Members of
Congress specified in subsection (c)(2) of this section, are notified
in writing of any significant change in a previously approved covert
action, or any significant undertaking pursuant to a previously approved
finding, in the same manner as findings are reported pursuant to
subsection (c) of this section.
(e)
“Covert action” defined
As used in this subchapter, the term
“covert action” means an activity or activities of the United States
Government to influence political, economic, or military conditions
abroad, where it is intended that the role of the United States
Government will not be apparent or acknowledged publicly, but does not
include—
(1)
activities the primary purpose of which
is to acquire intelligence, traditional counterintelligence activities,
traditional activities to improve or maintain the operational security
of United States Government programs, or administrative activities;
(f)
Prohibition on covert actions intended to influence United States political processes, etc.
No covert action may be conducted which is
intended to influence United States political processes, public
opinion, policies, or media.
(g)
Notice and general description where access to finding or notification limited; maintenance of records and written statements
(1)
In any case where access to a finding
reported under subsection (c) or notification provided under subsection
(d)(1) is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2), the
President shall notify all members of such committee that such finding
or such notification has been provided only to the members specified in
subsection (c)(2).
(2)
In any case where access to a finding
reported under subsection (c) or notification provided under subsection
(d)(1) is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2), the
President shall provide to all members of such committee a general
description regarding the finding or notification, as applicable,
consistent with the reasons for not yet fully informing all members of
such committee.
[1] So in original. Probably should be “subsection,”.
(a)
Presidential findings
The President may not authorize the
conduct of a covert action by departments, agencies, or entities of the
United States Government unless the President determines such an action
is necessary to support identifiable foreign policy objectives of the
United States and is important to the national security of the United
States, which determination shall be set forth in a finding that shall
meet each of the following conditions:
(1)
Each finding shall be in writing,
unless immediate action by the United States is required and time does
not permit the preparation of a written finding, in which case a written
record of the President’s decision shall be contemporaneously made and
shall be reduced to a written finding as soon as possible but in no
event more than 48 hours after the decision is made.
(2)
Except as permitted by paragraph (1), a
finding may not authorize or sanction a covert action, or any aspect of
any such action, which already has occurred.
(3)
Each finding shall specify each
department, agency, or entity of the United States Government authorized
to fund or otherwise participate in any significant way in such action.
Any employee, contractor, or contract agent of a department, agency, or
entity of the United States Government other than the Central
Intelligence Agency directed to participate in any way in a covert
action shall be subject either to the policies and regulations of the
Central Intelligence Agency, or to written policies or regulations
adopted by such department, agency, or entity, to govern such
participation.
(4)
Each finding shall specify whether it
is contemplated that any third party which is not an element of, or a
contractor or contract agent of, the United States Government, or is not
otherwise subject to United States Government policies and regulations,
will be used to fund or otherwise participate in any significant way in
the covert action concerned, or be used to undertake the covert action
concerned on behalf of the United States.
(b)
Reports to congressional intelligence committees; production of information
To the extent consistent with due regard
for the protection from unauthorized disclosure of classified
information relating to sensitive intelligence sources and methods or
other exceptionally sensitive matters, the Director of National
Intelligence and the heads of all departments, agencies, and entities of
the United States Government involved in a covert action—
(1)
shall keep the congressional
intelligence committees fully and currently informed of all covert
actions which are the responsibility of, are engaged in by, or are
carried out for or on behalf of, any department, agency, or entity of
the United States Government, including significant failures; and
(2)
shall furnish to the congressional
intelligence committees any information or material concerning covert
actions (including the legal basis under which the covert action is
being or was conducted) which is in the possession, custody, or control
of any department, agency, or entity of the United States Government and
which is requested by either of the congressional intelligence
committees in order to carry out its authorized responsibilities.
(c)
Timing of reports; access to finding
(1)
The President shall ensure that any
finding approved pursuant to subsection (a) of this section shall be
reported in writing to the congressional intelligence committees as soon
as possible after such approval and before the initiation of the covert
action authorized by the finding, except as otherwise provided in
paragraph (2) and paragraph (3).
(2)
If the President determines that it is
essential to limit access to the finding to meet extraordinary
circumstances affecting vital interests of the United States, the
finding may be reported to the chairmen and ranking minority members of
the congressional intelligence committees, the Speaker and minority
leader of the House of Representatives, the majority and minority
leaders of the Senate, and such other member or members of the
congressional leadership as may be included by the President.
(3)
Whenever a finding is not reported pursuant to paragraph (1) or (2) of this section,
[1]
the President shall fully inform the congressional
intelligence committees in a timely fashion and shall provide a
statement of the reasons for not giving prior notice.
(4)
In a case under paragraph (1), (2), or
(3), a copy of the finding, signed by the President, shall be provided
to the chairman of each congressional intelligence committee.
(5)
(A)
When access to a finding, or a
notification provided under subsection (d)(1), is limited to the Members
of Congress specified in paragraph (2), a written statement of the
reasons for limiting such access shall also be provided.
(d)
Changes in previously approved actions
(1)
The President shall ensure that the
congressional intelligence committees, or, if applicable, the Members of
Congress specified in subsection (c)(2) of this section, are notified
in writing of any significant change in a previously approved covert
action, or any significant undertaking pursuant to a previously approved
finding, in the same manner as findings are reported pursuant to
subsection (c) of this section.
(e)
“Covert action” defined
As used in this subchapter, the term
“covert action” means an activity or activities of the United States
Government to influence political, economic, or military conditions
abroad, where it is intended that the role of the United States
Government will not be apparent or acknowledged publicly, but does not
include—
(1)
activities the primary purpose of which
is to acquire intelligence, traditional counterintelligence activities,
traditional activities to improve or maintain the operational security
of United States Government programs, or administrative activities;
(f)
Prohibition on covert actions intended to influence United States political processes, etc.
No covert action may be conducted which is
intended to influence United States political processes, public
opinion, policies, or media.
(g)
Notice and general description where access to finding or notification limited; maintenance of records and written statements
(1)
In any case where access to a finding
reported under subsection (c) or notification provided under subsection
(d)(1) is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2), the
President shall notify all members of such committee that such finding
or such notification has been provided only to the members specified in
subsection (c)(2).
(2)
In any case where access to a finding
reported under subsection (c) or notification provided under subsection
(d)(1) is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2), the
President shall provide to all members of such committee a general
description regarding the finding or notification, as applicable,
consistent with the reasons for not yet fully informing all members of
such committee.
[1] So in original. Probably should be “subsection,”.
Source
(July 26, 1947, ch. 343, title V, § 503, as added Pub. L. 102–88, title VI, § 602(a)(2),Aug. 14, 1991, 105 Stat. 442; amended Pub. L. 107–306, title III, § 353(b)(3)(C), (8),Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108–458, title I, § 1071(a)(1)(Y),Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111–259, title III, § 331(c),Oct. 7, 2010, 124 Stat. 2685.)
Prior Provisions
A prior section 503 of act July 26, 1947, ch. 343, was renumbered section
505 and is classified to section
415 of this title.
Amendments
2010—Subsec. (b)(2). Pub. L. 111–259,
§ 331(c)(1), inserted “(including the legal basis under which the
covert action is being or was conducted)” before “which is in the
possession”.
Subsec. (c)(1). Pub. L. 111–259, § 331(c)(2)(A), inserted “in writing” after “be reported”.
Subsec. (c)(4). Pub. L. 111–259, § 331(c)(2)(B), redesignated second sentence of par. (4) as (5)(A).
Subsec. (c)(5)(A). Pub. L. 111–259,
§ 331(c)(2)(C)(i), inserted “, or a notification provided under
subsection (d)(1),” before “is limited” and “written” before
“statement”.
Pub. L. 111–259, § 331(c)(2)(B), redesignated second sentence of par. (4) as (5)(A).
Subsec. (c)(5)(B). Pub. L. 111–259, § 331(c)(2)(C)(ii), added subpar. (B).
Subsec. (d). Pub. L. 111–259, § 331(c)(3), designated existing provisions as par. (1), inserted “in writing” after “notified”, and added par. (2).
Subsec. (g). Pub. L. 111–259, § 331(c)(4), added subsec. (g).
2004—Subsec. (b). Pub. L. 108–458substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions.
2002—Subsecs. (b), (c)(1) to (3). Pub. L. 107–306, § 353(b)(3)(C), substituted “congressional intelligence committees” for “intelligence committees” wherever appearing.
Subsec. (c)(4). Pub. L. 107–306, § 353(b)(8), substituted “congressional intelligence committee” for “intelligence committee”.
Subsec. (d). Pub. L. 107–306, § 353(b)(3)(C), substituted “congressional intelligence committees” for “intelligence committees”.
Effective Date of 2004 Amendment
For Determination by President that amendment by Pub. L. 108–458take 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
401 of this title.
Amendment by Pub. L. 108–458effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) ofPub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section
401 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, October 23, 2012
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
The most recent Classification Table update that we have noticed was Tuesday, October 23, 2012
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
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This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
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