50 U.S.C. § 3092 — Reporting of intelligence activities other

Page 667 TITLE 50—WAR AND NATIONAL DEFENSE § 3092 (e) Definitions In this section: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the congressional intelligence commit- tees; (B) the Committee on Appropriations of the Senate; and (C) the Committee on Appropriations of the House of Representatives. (2) Congressional leadership The term ‘‘congressional leadership’’ means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Represent- atives; and (D) the minority leader of the House of Representatives. (3) Controlled access program The term ‘‘controlled access program’’ means a program created or managed pursu- ant to Intelligence Community Directive 906, or successor directive. (July 26, 1947, ch. 343, title V, § 501A, as added Pub. L. 117–103, div. X, title V, § 504, Mar. 15, 2022, 136 Stat. 986; amended Pub. L. 118–159, div. F, title LXVI, §§ 6602(a), 6603, Dec. 23, 2024, 138 Stat. 2502.) Editorial Notes REFERENCES IN TEXT Intelligence Community Directive 906, referred to in subsec. (e)(3), is located at https://www.dni.gov/files/ documents/ICD/ICD-906-Controlled-Access-Pro- grams.pdf. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159, § 6603, substituted ‘‘Limitations’’ for ‘‘Limitation on establishment’’ in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2). Subsecs. (c) to (e). Pub. L. 118–159, § 6602(a), added sub- sec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–159, div. F, title LXVI, § 6602(b), Dec. 23, 2024, 138 Stat. 2502, provided that: ‘‘Subsection (c) of such section [meaning 50 U.S.C. 3091a] shall apply with respect to controlled access programs (as defined in such section), and compartments and subcompartments therein, that are established on or after the date of the enactment of this Act [Dec. 23, 2024].’’ § 3092. Reporting of intelligence activities other than covert actions (a) In general 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 other entities of the United States Government involved in intelligence ac- tivities shall— (1) keep the congressional intelligence com- mittees fully and currently informed of all in- telligence activities, other than a covert ac- tion (as defined in section 3093(e) of this title), 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 any significant anticipated intelligence activity and any sig- nificant intelligence failure; and (2) furnish the congressional intelligence committees any information or material con- cerning intelligence activities (including the legal basis under which the intelligence activ- ity is being or was conducted), other than cov- ert actions, which is within their custody or control, and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibil- ities. (b) Form and contents of certain reports Any report relating to a significant antici- pated intelligence activity or a significant intel- ligence failure that is submitted to the congres- sional intelligence committees for purposes of subsection (a)(1) shall be in writing, and shall contain the following: (1) A concise statement of any facts perti- nent to such report. (2) An explanation of the significance of the intelligence activity or intelligence failure covered by such report. (c) Standards and procedures for certain reports The Director of National Intelligence, in con- sultation with the heads of the departments, agencies, and entities referred to in subsection (a), shall establish standards and procedures ap- plicable to reports covered by subsection (b). (July 26, 1947, ch. 343, title V, § 502, as added Pub. L. 102–88, title VI, § 602(a)(2), Aug. 14, 1991, 105 Stat. 442; amended Pub. L. 107–108, title III, § 305, Dec. 28, 2001, 115 Stat. 1398; Pub. L. 107–306, title III, § 353(b)(3)(B), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108–458, title I, § 1071(a)(1)(W), (X), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111–259, title III, § 331(b), Oct. 7, 2010, 124 Stat. 2685.) Editorial Notes CODIFICATION Section was formerly classified to section 413a of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 502 of act July 26, 1947, ch. 343, was re- numbered section 504 and is classified to section 3094 of this title. AMENDMENTS 2010—Subsec. (a)(2). Pub. L. 111–259 inserted ‘‘(includ- ing the legal basis under which the intelligence activ- ity is being or was conducted)’’ after ‘‘concerning intel- ligence activities’’. 2004—Subsec. (a). Pub. L. 108–458, § 1071(a)(1)(W), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’ in introductory provisions. Subsec. (c). Pub. L. 108–458, § 1071(a)(1)(X), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’. 2002—Subsecs. (a), (b). Pub. L. 107–306 substituted ‘‘congressional intelligence committees’’ for ‘‘intel- ligence committees’’ wherever appearing. 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-