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U.S. Code as of:
01/19/04
Section 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 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 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 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 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 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. 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 congressional 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.
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