SEC. 503. ø50 U.S.C. 413b¿
(a) 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
United States.
(5) A finding may not authorize any action that would violate
the Constitution or any statute of the United States.
(b) To the extent consistent with due regard for the protection
from unauthorized disclosure of cla**ified 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—
(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)
(1) The President shall ensure that any finding approved
pursuant to subsection (a) 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, 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) The President shall ensure that the congressional intelligence
committees, or, if applicable, the Members of Congress
specified in subsection (c)(2), 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).
(e) As used in this title, 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 in
tended 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) No covert action may be conducted which is intended to influence
United States political processes, public opinion, policies, or
media.