50 U.S. Code § 3093 - Presidential
approval and reporting of covert actions
(a) Presidential findingsThe 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:
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.
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.
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.
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.
A finding may not authorize any
action that would violate the Constitution or any statute of the United States.
(b)Reports to
congressional intelligence committees; production of informationTo 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—
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
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.
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).
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.
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.
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.
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.
(B)Not later
than 180 days after a statement of reasons is submitted in accordance with
subparagraph (A) or this subparagraph, the President shall ensure that—
all members of the congressional
intelligence committees are provided access to the finding or notification; or
a statement of reasons that it is
essential to continue to limit access to such finding or such notification to
meet extraordinary circumstances affecting vital interests of the United States
is submitted to the Members of Congress specified in paragraph (2).
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.
(2)In
determining whether an activity constitutes a significant undertaking for
purposes of paragraph (1), the President shall consider whether the activity—
involves significant risk of loss of
life;
requires an expansion of existing
authorities, including authorities relating to research, development, or
operations;
results in the expenditure of
significant funds or other resources;
gives rise to a significant risk of
disclosing intelligence sources or methods; or
presents a reasonably foreseeable
risk of serious damage to the diplomatic relations of the United States if such
activity were disclosed without authorization.
(e)“Covert
action” definedAs 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—
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;
traditional diplomatic or military
activities or routine support to such activities;
traditional law enforcement
activities conducted by United States Government law enforcement agencies or
routine support to such activities; or
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.
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
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).
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.
a record of the members of Congress
to whom a finding is reported under subsection (c) or notification is provided
under subsection (d)(1) and the date on which each member of Congress receives
such finding or notification; and
each written statement provided
under subsection (c)(5).
For each type of activity undertaken
as part of a covert action, the President shall establish in writing a plan to
respond to the unauthorized public disclosure of that type of activity.
(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; Pub. L.
113–126, title III, § 308, July 7,
2014, 128 Stat. 1397.)
