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tity of the United States Government and which is reques
by either of the intelligence committees in order to carry
its authorized responsibilities.

(c)(1) The President shall ensure that any finding approved suant to subsection (a) shall be reported to the intelligence a tees as soon as possible after such approval and before the = ation of the covert action authorized by the finding, except as erwise provided in paragraph (2) and paragraph (3).

(2) If the President determines that it is essential to limit am to the finding to meet extraordinary circumstances affecting ~ interests of the United States, the finding may be reported : chairmen and ranking minority members of the intelligence mittees, the Speaker and minority leader of the House of resentatives, the majority and minority leaders of the Senate, & such other member or members of the congressional leadership may be included by the President.

(3) Whenever a finding is not reported pursuant to paragraph or (2) of this section, the President shall fully inform the ir ligence committees in a timely fashion and shall provide a star ment of the reasons for not giving prior notice.

(4) In a case under paragraph (1), (2), or (3), a copy of the fi ing, signed by the President, shall be provided to the chairman each intelligence committee. When access to a finding is limited: the Members of Congress specified in paragraph (2), a stateme of the reasons for limiting such access shall also be provided.

(d) The President shall ensure that the intelligence committe or, if applicable, the Members of Congress specified in subsect. (c)(2), are notified of any significant change in a previously proved covert action, or any significant undertaking pursuant t previously approved finding, in the same manner as findings & reported pursuant to subsection (c).

(e) As used in this title, the term "covert action" means an acts ity or activities of the United States Government to influence polit cal, economic, or military conditions abroad, where it is intende that the role of the United States Government will not be appare or acknowledged publicly, but does not include

(1) activities the primary purpose of which is to acquire r telligence, traditional counterintelligence activities, traditiona activities to improve or maintain the operational security United States Government programs, or administrative activ ties;

(2) traditional diplomatic or military activities or routine support to such activities;

(3) traditional law enforcement activities conducted by Unit ed 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)) c other United States Government agencies abroad.

(f) No covert action may be conducted which is intended to influ ence United States political processes, public opinion, policies, or media.

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FUNDING OF INTELLIGENCE ACTIVITIES

EC. 504.19 (a) Appropriated funds available to an intelligence ncy may be obligated or expended for an intelligence or intelnce-related activity only if—

(1) those funds were specifically authorized by the Congress for use for such 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 503 20 of this Act concerning any significant anticipated intelligence activity, the Director of Central Intelligence 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 authorized by the Congress for a different activity

(A) the activity to be funded is a higher priority intelligence or intelligence-related activity;

(B) the need for funds for such activity is based on unforeseen requirements; and

(C) the Director of Central Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the appropriate congressional committees of the intent to make such funds available for such activity;

(4) nothing in this subsection prohibits obligation or expenditure of funds available to an intelligence agency in accordance with sections 1535 and 1536 of title 31, United States Code. (b) Funds available to an intelligence agency may not be made vailable for any intelligence or intelligence-related activity for hich funds were denied by the Congress.

: (c) 21 No funds appropriated for, or otherwise available to, any epartment, agency, or entity of the United States Government nay be expended, or may be directed to be expended, for any covert ction, as defined in section 503(e), unless and until a Presidential inding required by subsection (a) of section 503 has been signed or otherwise issued in accordance with that subsection.

(d) 21 (1) Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obligated or expended for an intelligence or intelligence-re

19 50 U.S.C. 414. Added as sec. 502 by sec. 401(a) of Public Law 99-169 (99 Stat. 1004), redesignated as sec. 504 by sec. 602(a)(1) of Public Law 102-88 (105 Stat. 441). Sec. 8089 of the Department of Defense Appropriations Act, 1992 (Public 102–172; 105 Stat. 1193), provided the following:

"SEC. 8089. During the current fiscal year and hereafter, none of the funds appropriated for intelligence programs to the Department of Defense which are transferred to another Federal agency for execution shall be expended by the Department of Defense in any fiscal year in excess of amounts required for expenditure during such fiscal year by the Federal agency to wher such funds are transferred.".

Sec. 701 of the Intelligence Authorization Act, Fiscal Year 1992 (Public Law 102-182 TUE Stat. 1270), provided the following:

"SEC. 701. SENSE OF CONGRESS REGARDING DISCLOSURE OF ANNUAL INTELLIGENCE BUDGET "It is the sense of Congress that, beginning in 1993, and in each year thereafter, un apg amount requested and authorized for, and spent on, intelligence and intelligence-re ties should be disclosed to the public in an appropriate manner.".

Identical language was contained in sec. 303 of the Intelligence Authorization he ama 1993 (Public Law 102-496; 106 Stat. 3183).

20 Sec. 602(c) of Public Law 102-88 (105 Stat. 444) struck out "section 50!"

lieu thereof "section 503".

21 Sec. 603 of Public Law 102-88 (105 Stat. 444) redesignated subsec t new subsecs. (c) and (d).

lated activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to procedures which identify

(A) the types of activities for which nonappropriated funds may be expended; and

(B) the circumstances under which an activity must be reported as a significant anticipated intelligence activity before such funds can be expended.

(2) Procedures for purposes of paragraph (1) shall be jointly agreed upon by the intelligence committees and, as appropriate, the Director of Central Intelligence or the Secretary of Defense. (e) 21 As used in this section

(1) the term "intelligence agency" means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;

(2) the term "appropriate congressional committees" means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and

(3) the term "specifically authorized by the Congress" means

that

(A) the activity and the amount of funds proposed to be used for that activity were identified in a formal budget request to the Congress, but funds shall be deemed to be specifically authorized for that activity only the extent that the Congress both authorized the funds to be appropriated for that activity and appropriated the funds for that activity; or

(B) although the funds were not formally requested, the Congress both specifically authorized the appropriation of the funds for the activity and appropriated the funds for the activity.

NOTICE TO CONGRESS OF CERTAIN TRANSFER OF DEFENSE ARTICLES AND DEFENSE SERVICES

SEC. 505.22 (a)(1) The transfer of a defense article or defense service, or the anticipated transfer in any fiscal year of any aggregation of defense articles or defense services,23 exceeding $1,000,000 in value by an intelligence agency to a recipient outside that agency shall be considered a significant anticipated intelligence activity for the purpose of this title.24

(2) Paragraph (1) does not apply if—

(A) the transfer is being made to a department, agency, or other entity of the United States (so long as there will not be a subsequent retransfer of the defense articles or defense services outside the United States Government in conjunction with an intelligence or intelligence-related activity); or

2250 U.S.C. 415. Added by sec. 602(a) of Public Law 99-569 (100 Stat. 3203) as sec. 503; redesignated as sec. 505 by sec. 602(a)(1) of Public Law 102-88 (105 Stat. 441).

23 Sec. 604 of Public Law 102-88 (105 Stat. 445) inserted, or the anticipated transfer in any fiscal year of any a woration of defense articles or defense services,".

24 Sec. 602(c) ©

inserted in lie

*102-88 (105 Stat. 444) struck out "section 501 of this Act" and

(B) the transfer

(i) is being made pursuant to authorities contained in part II of the Foreign Assistance Act of 1961, the Arms Export Control Act, title 10 of the Untied States Code (including a law enacted pursuant to section 7307(b)(1) of that title), or the Federal Property and Administrative Services Act of 1949, and

(ii) is not being made in conjunction with an intelligence or intelligence-related activity.

(3) An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any intelligence or intelligence-related activity for which funds were denied by the Congress.

(b) As used in this section

(1) the term "intelligence agency" means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;

(2) the terms "defense articles" and "defense services" mean the items of the United States Munitions List pursuant to section 38 of the Arms Export Control Act (22 CFR part 12); (3) the term "transfer" means

(A) in the case of defense articles, the transfer of possession of those articles; and

(B) in the case of defense services, the provision of those services; and

(4) the term "value" means—

(A) in the case of defense articles, the greater of

(i) the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Government;

or

(ii) the replacement cost; and

(B) in the case of defense services, the full cost to the Government of providing the services.

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