50 U.S.C. § 3093 — Presidential approval and reporting of

Page 668 TITLE 50—WAR AND NATIONAL DEFENSE § 3093 2001—Pub. L. 107–108 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. FURNISHING OF INTELLIGENCE INFORMATION TO SENATE AND HOUSE SELECT COMMITTEES ON INTELLIGENCE Pub. L. 102–88, title IV, § 405, Aug. 14, 1991, 105 Stat. 434, provided that: ‘‘(a) FURNISHING OF SPECIFIC INFORMATION.—In ac- cordance with title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.], the head of any department or agency of the United States involved in any intel- ligence activities which may pertain to United States military personnel listed as prisoner, missing, or unac- counted for in military actions shall furnish any infor- mation or documents in the possession, custody, or control of the department or agency, or person paid by such department or agency, whenever requested by the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate. ‘‘(b) ACCESS BY COMMITTEES AND MEMBERS OF CON- GRESS.—In accordance with Senate Resolution 400, Ninety-Fourth Congress, and House Resolution 658, Ninety-Fifth Congress, the committees named in sub- section (a) shall, upon request and under such regula- tions as the committees have prescribed to protect the classification of such information, make any informa- tion described in subsection (a) available to any other committee or any other Member of Congress and appro- priately cleared staff.’’ § 3093. 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 nec- essary to support identifiable foreign policy ob- jectives of the United States and is important to the national security of the United States, which determination shall be set forth in a find- ing that shall meet each of the following condi- tions: (1) Each finding shall be in writing, unless immediate action by the United States is re- quired and time does not permit the prepara- tion of a written finding, in which case a writ- ten 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 depart- ment, agency, or entity of the United States Government authorized to fund or otherwise participate in any significant way in such ac- tion. Any employee, contractor, or contract agent of a department, agency, or entity of the United States Government other than the Cen- tral Intelligence Agency directed to partici- pate in any way in a covert action shall be subject either to the policies and regulations of the Central Intelligence Agency, or to writ- ten policies or regulations adopted by such de- partment, 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 Gov- ernment policies and regulations, will be used to fund or otherwise participate in any signifi- cant 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 congressional intelligence commit- tees; production of information To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive in- telligence sources and methods or other excep- tionally sensitive matters, the Director of Na- tional Intelligence and the heads of all depart- ments, 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 sig- nificant failures; and (2) shall furnish to the congressional intel- ligence committees any information or mate- rial concerning covert actions (including the legal basis under which the covert action is being or was conducted) which is in the posses- sion, custody, or control of any department, agency, or entity of the United States Govern- ment and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibil- ities. (c) Timing of reports; access to finding (1) The President shall ensure that any finding approved pursuant to subsection (a) shall be re- ported in writing to the congressional intel- ligence 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 para- graph (3). (2) If the President determines that it is essen- tial to limit access to the finding to meet ex- traordinary circumstances affecting vital inter- ests of the United States, the finding may be re- ported to the chairmen and ranking minority members of the congressional intelligence com- mittees, the Speaker and minority leader of the House of Representatives, the majority and mi- Page 669 TITLE 50—WAR AND NATIONAL DEFENSE § 3093 nority leaders of the Senate, and such other member or members of the congressional leader- ship as may be included by the President. (3) Whenever a finding is not reported pursu- ant to paragraph (1) or (2) of this subsection, 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 con- gressional intelligence committee. (5)(A) When access to a finding, or a notifica- tion provided under subsection (d)(1), is limited to the Members of Congress specified in para- graph (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 sub- paragraph (A) or this subparagraph, the Presi- dent shall ensure that— (i) all members of the congressional intel- ligence committees are provided access to the finding or notification; or (ii) a statement of reasons that it is essen- tial to continue to limit access to such finding or such notification to meet extraordinary cir- cumstances affecting vital interests of the United States is submitted to the Members of Congress specified in paragraph (2). (d) Changes in previously approved actions (1) The President shall ensure that the con- gressional intelligence committees, or, if appli- cable, the Members of Congress specified in sub- section (c)(2), are notified in writing of any sig- nificant 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 sub- section (c). (2) In determining whether an activity con- stitutes a significant undertaking for purposes of paragraph (1), the President shall consider whether the activity— (A) involves significant risk of loss of life; (B) requires an expansion of existing au- thorities, including authorities relating to re- search, development, or operations; (C) results in the expenditure of significant funds or other resources; (D) requires notification under section 3094 of this title; (E) gives rise to a significant risk of dis- closing intelligence sources or methods; or (F) presents a reasonably foreseeable risk of serious damage to the diplomatic relations of the United States if such activity were dis- closed without authorization. (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 polit- ical, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or ac- knowledged publicly, but does not include— (1) activities the primary purpose of which is to acquire intelligence, traditional counter- intelligence activities, traditional activities to improve or maintain the operational secu- rity of United States Government programs, or administrative activities; (2) traditional diplomatic or military activi- ties 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 de- scribed in paragraph (1), (2), or (3)) of other United States Government agencies abroad. (f) Prohibition on covert actions intended to in- fluence 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; mainte- nance of records and written statements (1) In any case where access to a finding re- ported under subsection (c) or notification pro- vided under subsection (d)(1) is not made avail- able to all members of a congressional intel- ligence committee in accordance with sub- section (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 re- ported under subsection (c) or notification pro- vided under subsection (d)(1) is not made avail- able to all members of a congressional intel- ligence committee in accordance with sub- section (c)(2), the President shall provide to all members of such committee a general descrip- tion regarding the finding or notification, as ap- plicable, consistent with the reasons for not yet fully informing all members of such committee. (3) The President shall maintain— (A) 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 (B) each written statement provided under subsection (c)(5). (h) Plan to respond to unauthorized public dis- closure of covert action 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; Pub. L. 116–92, div. E, title LXVII, § 6742(b)(12), Dec. 20, 2019, 133 Stat. 2240; Pub. L. 118–31, div. G, title IX, § 7901(a)(2), Dec. 22, 2023, 137 Stat. 1106.) Page 670 TITLE 50—WAR AND NATIONAL DEFENSE § 3094 Editorial Notes CODIFICATION Section was formerly classified to section 413b of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 503 of act July 26, 1947, ch. 343, was re- numbered section 505 and is classified to section 3095 of this title. AMENDMENTS 2023—Subsec. (c)(3). Pub. L. 118–31 substituted ‘‘sub- section’’ for ‘‘section’’. 2019—Subsecs. (c)(5), (d)(2). Pub. L. 116–92 realigned margins. 2014—Subsec. (h). Pub. L. 113–126 added subsec. (h). 2010—Subsec. (b)(2). Pub. L. 111–259, § 331(c)(1), in- serted ‘‘(including the legal basis under which the cov- ert 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), redesig- nated second sentence of par. (4) as (5)(A). Subsec. (c)(5)(A). Pub. L. 111–259, § 331(c)(2)(C)(i), in- serted ‘‘, or a notification provided under subsection (d)(1),’’ before ‘‘is limited’’ and ‘‘written’’ before ‘‘state- ment’’. Pub. L. 111–259, § 331(c)(2)(B), redesignated second sen- tence 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 ex- isting 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. 108–458 substituted ‘‘Direc- tor 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 ‘‘intel- ligence committee’’. Subsec. (d). Pub. L. 107–306, § 353(b)(3)(C), substituted ‘‘congressional intelligence committees’’ for ‘‘intel- ligence committees’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. § 3094. Funding of intelligence activities (a) Obligations and expenditures for intelligence or intelligence-related activity; prerequisites Appropriated funds available to an intel- ligence agency may be obligated or expended for an intelligence or intelligence-related activity only if— (1) those funds were specifically authorized by Congress for use for such intelligence or in- telligence-related activities; or (2) in the case of funds from the Reserve for Contingencies of the Central Intelligence Agency and consistent with the provisions of section 3093 of this title concerning any sig- nificant anticipated intelligence activity, the Director of the Central Intelligence Agency has notified the appropriate congressional committees of the intent to make such funds available for such activity; or (3) in the case of funds specifically author- ized by the Congress for a different activity— (A) the activity to be funded is a higher priority intelligence or intelligence-related activity; (B) the use of such funds for such activity supports an emergent need, improves pro- gram effectiveness, or increases efficiency; and (C) the Director of National Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the ap- propriate congressional committees of the intent to make such funds available for such activity; (4) nothing in this subsection prohibits obli- gation or expenditure of funds available to an intelligence agency in accordance with sec- tions 1535 and 1536 of title 31. (b) Activities denied funding by Congress Funds available to an intelligence agency may not be made available for any intelligence or in- telligence-related activity for which funds were denied by the Congress. (c) Presidential finding required for expenditure of funds on covert action No funds appropriated for, or otherwise avail- able to, any department, agency, or entity of the United States Government may be expended, or may be directed to be expended, for any covert action, as defined in section 3093(e) of this title, unless and until a Presidential finding required by subsection (a) of section 3093 of this title has been signed or otherwise issued in accordance with that subsection. (d) Report to congressional committees required for expenditure of nonappropriated funds for intelligence activity (1) Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obli- gated or expended for an intelligence or intel- ligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to proce- dures which identify— (A) the types of activities for which non- appropriated funds may be expended; and (B) the circumstances under which an activ- ity must be reported as a significant antici- pated intelligence activity before such funds can be expended. (2) Procedures for purposes of paragraph (1) shall be jointly agreed upon by the congres- sional intelligence committees and, as appro- priate, the Director of National Intelligence or the Secretary of Defense. (e) Definitions As used in this section—