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:
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 National Intelligence and the heads of all departments, agencies, and entities of the United States Government involved in a covert action-
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-
No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.
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.
1 So in original. Probably should be "subsection,".
50 U.S.C. § 3093
CODIFICATIONSection was formerly classified to sectionof this title prior to editorial reclassification and renumbering as this section.
PRIOR PROVISIONSA prior section 503 of act July 26, 1947, ch. 343, was renumbered section 505 and is classified to sectionof this title.
AMENDMENTS2019-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), inserted "(including the legal basis under which the covert 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), redesignated second sentence of par. (4) as (5)(A).Subsec. (c)(5)(A). Pub. L. 111-259, §331(c)(2)(C)(i), inserted ", or a notification provided under subsection (d)(1)," before "is limited" and "written" before "statement". Pub. L. 111-259, §331(c)(2)(B), redesignated second sentence 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 existing 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 "Director 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 "intelligence committee".Subsec. (d). Pub. L. 107-306, §353(b)(3)(C), substituted "congressional intelligence committees" for "intelligence committees".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2004 AMENDMENTFor Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under sectionof 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 of this title.
- congressional intelligence committees
- The term "congressional intelligence committees" means- (A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
- The term "counterintelligence" means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
- The term "intelligence" includes foreign intelligence and counterintelligence.
- national intelligence
- The terms "national intelligence" and "intelligence related to national security" refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that-(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and(B) that involves- (i) threats to the United States, its people, property, or interests;(ii) the development, proliferation, or use of weapons of mass destruction; or(iii) any other matter bearing on United States national or homeland security.