
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC413b]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
       SUBCHAPTER III--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
 
Sec. 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.
        (5) A finding may not authorize any action that would violate 
    the Constitution or any statute of the United States.

(b) Reports to 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 Central Intelligence and the heads of all 
departments, agencies, and entities of the United States Government 
involved in a covert action--
        (1) shall keep the 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 intelligence committees any information 
    or material concerning covert actions 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 
    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 to the 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 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 
intelligence committees in a timely fashion and shall provide a 
statement of the reasons for not giving prior notice.
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    \1\ So in original. Probably should be ``subsection,''.
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    (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 intelligence committee. When access to a finding is limited to the 
Members of Congress specified in paragraph (2), a statement of the 
reasons for limiting such access shall also be provided.

(d) Changes in previously approved actions

    The President shall ensure that the intelligence committees, or, if 
applicable, the Members of Congress specified in subsection (c)(2) of 
this section, are notified 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;
        (2) traditional diplomatic or military activities or routine 
    support to such activities;
        (3) traditional law enforcement activities conducted by United 
    States Government law enforcement agencies or routine support to 
    such activities; or
        (4) activities to provide routine support to the overt 
    activities (other than activities described in paragraph (1), (2), 
    or (3)) of other United States Government agencies abroad.

(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.

(July 26, 1947, ch. 343, title V, Sec. 503, as added Pub. L. 102-88, 
title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 442.)


                            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.

                  Section Referred to in Other Sections

    This section is referred to in sections 413, 413a, 414 of this 
title.
