14 June 1999
Source:
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See related:
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
January 6, 1997 and November 30, 1998]
[CITE: 50USC413]
TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 15--NATIONAL SECURITY
SUBCHAPTER III--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
Sec. 413. General Congressional oversight provisions
(a) Reports to Congressional committees of intelligence activities and
anticipated activities
(1) The President shall ensure that the intelligence committees are
kept fully and currently informed of the intelligence activities of the
United States, including any significant anticipated intelligence
activity as required by this subchapter.
(2) As used in this subchapter, the term ``intelligence committees''
means the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(3) Nothing in this subchapter shall be construed as requiring the
approval of the intelligence committees as a condition precedent to the
initiation of any significant anticipated intelligence activity.
(b) Reports concerning illegal intelligence activities
The President shall ensure that any illegal intelligence activity is
reported promptly to the intelligence committees, as well as any
corrective action that has been taken or is planned in connection with
such illegal activity.
(c) Procedures for reporting information
The President and the intelligence committees shall each establish
such procedures as may be necessary to carry out the provisions of this
subchapter.
(d) Procedures to protect from unauthorized disclosure
The House of Representatives and the Senate shall each establish, by
rule or resolution of such House, procedures to protect from
unauthorized disclosure all classified information, and all information
relating to intelligence sources and methods, that is furnished to the
intelligence committees or to Members of Congress under this subchapter.
Such procedures shall be established in consultation with the Director
of Central Intelligence. In accordance with such procedures, each of the
intelligence committees shall promptly call to the attention of its
respective House, or to any appropriate committee or committees of its
respective House, any matter relating to intelligence activities
requiring the attention of such House or such committee or committees.
(e) Construction of authority conferred
Nothing in this Act shall be construed as authority to withhold
information from the intelligence committees on the grounds that
providing the information to the intelligence committees would
constitute the unauthorized disclosure of classified information or
information relating to intelligence sources and methods.
(f) ``Intelligence activities'' defined
As used in this section, the term ``intelligence activities''
includes covert actions as defined in section 413b(e) of this title.
(July 26, 1947, ch. 343, title V, Sec. 501, as added Aug. 14, 1991, Pub.
L. 102-88, title VI, Sec. 602(a)(2), 105 Stat. 441.)
References in Text
This Act, referred to in subsec. (e), means act July 26, 1947, ch.
343, 61 Stat. 495, as amended, known as the National Security Act of
1947. For complete classification of this Act to the Code, see Short
Title note set out under section 401 of this title and Tables.
Prior Provisions
A prior section 413, act July 26, 1947, ch. 343, title V, Sec. 501,
as added Oct. 14, 1980, Pub. L. 96-450, title IV, Sec. 407(b)(1), 94
Stat. 1981, related to Congressional oversight of intelligence
activities, prior to repeal by Pub. L. 102-88, Sec. 602(a)(2).
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
January 6, 1997 and November 30, 1998]
[CITE: 50USC414]
TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 15--NATIONAL SECURITY
SUBCHAPTER III--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
Sec. 414. Funding of intelligence activities
(a) Obligations and expenditures for intelligence or intelligence-
related activity; prerequisites
Appropriated funds available to an intelligence agency may be
obligated or expended for an intelligence or intelligence-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 413b of this title 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
unforseen \1\ requirements; and
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\1\ So in original. Probably should be ``unforeseen''.
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(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.
(b) Activities denied funding by Congress
Funds available to an intelligence agency may not be made available
for any intelligence or intelligence-related activity for which funds
were denied by the Congress.
(c) Presidential finding required for expenditure of funds on covert
action
No funds appropriated for, or otherwise available to, any
department, agency, or entity of the United States Government may be
expended, or may be directed to be expended, for any covert action, as
defined in section 413b(e) of this title, unless and until a
Presidential finding required by subsection (a) of section 413b of this
title has been signed or otherwise issued in accordance with that
subsection.
(d) Report to Congressional committees required for expenditure of
nonappropriated funds for intelligence activity
(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-related
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) Definitions
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 to 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.
(July 26, 1947, ch. 343, title V, Sec. 504, formerly Sec. 502, as added
Dec. 4, 1985, Pub. L. 99-169, title IV, Sec. 401(a), 99 Stat. 1004;
renumbered Sec. 504 and amended Aug. 14, 1991, Pub. L. 102-88, title VI,
Secs. 602(a)(1), (c)(1), 603, 105 Stat. 441, 444.)
Amendments
1991--Subsec. (a)(2). Pub. L. 102-88, Sec. 602(c)(1), substituted
``section 413b'' for ``section 413''.
Subsecs. (c) to (e). Pub. L. 102-88, Sec. 603, added subsecs. (c)
and (d) and redesignated former subsec. (c) as (e).
Limitation on Transfer of Funds Between CIA and Department of Defense;
Congressional Notification Required
Pub. L. 103-139, title VIII, Sec. 8107, Nov. 11, 1993, 107 Stat.
1464, provided that: ``During the current fiscal year and thereafter, no
funds may be made available through transfer, reprogramming, or other
means between the Central Intelligence Agency and the Department of
Defense for any intelligence or special activity different from that
previously justified to the Congress unless the Director of Central
Intelligence or the Secretary of Defense has notified the House and
Senate Appropriations Committees of the intent to make such funds
available for such activity.'' Similar provisions were contained in the
following prior appropriation acts:
Pub. L. 102-396, title IX, Sec. 9014, Oct. 6, 1992, 106 Stat. 1903.
Pub. L. 102-172, title VIII, Sec. 8014, Nov. 26, 1991, 105 Stat.
1174.
Pub. L. 101-511, title VIII, Sec. 8015, Nov. 5, 1990, 104 Stat.
1878.
Pub. L. 101-165, title IX, Sec. 9022, Nov. 21, 1989, 103 Stat. 1134.
Pub. L. 100-463, title VIII, Sec. 8035, Oct. 1, 1988, 102 Stat.
2270-23.
Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8037], Dec. 22, 1987,
101 Stat. 1329-43, 1329-68.
Sense of Congress Regarding Disclosure of Annual Intelligence Budget
Pub. L. 102-496, title III, Sec. 303, Oct. 24, 1992, 106 Stat. 3183,
provided that: ``It is the sense of Congress that, beginning in 1993,
and in each year thereafter, the aggregate amount requested and
authorized for, and spent on, intelligence and intelligence-related
activities should be disclosed to the public in an appropriate manner.''
Similar provisions were contained in the following prior appropriation
act: Pub. L. 102-183, title VII, Sec. 701, Dec. 4, 1991, 105 Stat. 1270.
Limitation of Expenditure of Funds Appropriated for Department of
Defense Intelligence Programs
Pub. L. 102-172, title VIII, Sec. 8089, Nov. 26, 1991, 105 Stat.
1193, provided that: ``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 which such funds are transferred.''
Enhanced Security Countermeasures Capabilities; Application of Section
Section 401(c) of Pub. L. 99-169 provided that: ``The amendment made
by section 401(a) of this Act [enacting this section] shall not apply
with respect to funds appropriated to the Director of Central
Intelligence under the heading `enhanced security countermeasures
capabilities' in the Supplemental Appropriations Act, 1985 (Public Law
99-88) [Aug. 15, 1985, 99 Stat. 311].''
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
January 6, 1997 and November 30, 1998]
[CITE: 50USC401]
TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 15--NATIONAL SECURITY
Sec. 401. Congressional declaration of purpose
[excerpt]
Short Title
Section 1 of act July 26, 1947, provided: ``That this Act [enacting
this section, sections 401a to 403, 404, 405, and 408 to 412 of this
title, and sections 171, 171-1, 171-2, 171a, 171b to 171d, 171e to 171j,
171k to 171m, 171n, 172, 172a to 172d, 172f to 172j, 181-1, 181-2, 411a,
411b, 626, 626a to 626c, and 626d of former Title 5, Executive
Department and Government Officers and Employees, amending sections 1,
11, and 172e of former Title 5, section 1517 of Title 15, Commerce and
Trade, and section 72 of former Title 31, Money and Finance, and
enacting provisions set out as notes under this section and section 135
of Title 10, Armed Forces] may be cited as the `National Security Act of
1947'.''
Sections of National Security Act of 1947, which were classified to
former Title 5, were repealed and restated in Title 10, Armed Forces,
except as noted, as follows:
Section of former Title 5 Section of Title 10
171.......................... 131, 133.
171a(a), (b)................. 133.
171a(c)...................... 125, 136, 141, 3010, 3012, 5011, 5031,
8010, 8012.
171a(d)...................... 133.
171a(e)...................... 132.
171a(f)...................... 133.
171a(g)-(i).................. [Omitted].
171a(j)...................... 124.
171c......................... 134, 135, 136, 718, 2358.
171c-1, 171c-2............... [Repealed].
171d......................... 1580.
171e......................... 171.
171f......................... 141, 142.
171g......................... 143.
171h......................... 2201.
171i......................... 2351.
171j......................... 173.
172.......................... 136.
172a......................... 3014, 5061, 8014.
172b......................... 2203.
172c......................... 2204.
172d......................... 2208.
172e......................... 2209.
172f......................... 126.
172g......................... 2205.
172h......................... 2206.
172i......................... 2701.
181-1........................ 101, 3011, 3012, 3062, T. 50 Sec. 409.
181-2........................ 3012.
411a(a)...................... 101; T. 50 Sec. 409.
411a(b)...................... 5012.
411a(c)...................... 5013, 5402.
626(a)....................... 8012.
626(b)....................... [Repealed].
626(c)....................... 101; T. 50 Sec. 409.
626(d)....................... 8013.
626(e)....................... 8012.
626(f)....................... 8033.
626(g)....................... 8011.
626a......................... 8012.
626b......................... 8013.
626c......................... 743, 8062.
[End ecerpt]
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[DOCID:popnam-5226]
From the U.S. Code Online via GPO Access
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ACTS CITED BY POPULAR NAME
National Security Act of 1947
July 26, 1947, ch. 343, 61 Stat. 495 (Title 50, Sec. 401 et
seq.)
Apr. 2, 1949, ch. 47, 63 Stat. 30
Aug. 10, 1949, ch. 412, 63 Stat. 578
Sept. 9, 1950, ch. 939, Sec. 3, 64 Stat. 828
Sept. 19, 1951, ch. 407, title IV, Sec. 402, 65 Stat. 333
Oct. 10, 1951, ch. 479, title V, Sec. 501(e)(1), 65 Stat. 378
June 28, 1952, ch. 479, Secs. 1, 2, 66 Stat. 282
Apr. 4, 1953, ch. 16, 67 Stat. 20
Aug. 3, 1954, ch. 652, Sec. 3(b), 68 Stat. 649
Sept. 3, 1954, ch. 1263, Secs. 8, 50, 68 Stat. 1228, 1244
Aug. 10, 1956, ch. 1041, Secs. 21, 53, 70A Stat. 629, 641
Aug. 6, 1958, Pub. L. 85-599, Secs. 2, 3(a), (b), 5(b), 9(a),
10, 72 Stat. 514, 516, 518, 520, 521
Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 305(23). 78 Stat.
425
Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 632
Oct. 14, 1980, Pub. L. 96-450, title IV, Sec. 407(b)(1), 94
Stat. 1981
Dec. 4, 1981, Pub. L. 97-89, title V, Sec. 504, 95 Stat. 1153
Dec. 9, 1983, Pub. L. 98-215, title IV, Sec. 403, 97 Stat. 1477
Oct. 15, 1984, Pub. L. 98-477, Sec. 2(a), 98 Stat. 2209
Dec. 4, 1985, Pub. L. 99-169, title IV, Sec. 401(a), (b), 99
Stat. 1004
Oct. 1, 1986, Pub. L. 99-433, title VI, Sec. 603(a), 100 Stat.
1074
Oct. 18, 1986, Pub. L. 99-500, Sec. 101(c) [title IX,
Sec. 9115(f)], 100 Stat. 1783-82, 1783-125, and Oct. 30,
1986, Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9115(f)],
100 Stat. 3341-82, 3341-125
Oct. 27, 1986, Pub. L. 99-569, title VI, Sec. 602, 100 Stat.
3203
Nov. 14, 1986, Pub. L. 99-661, div. A, title XIII, Sec. 1311(f),
100 Stat. 3986
Sept. 29, 1988, Pub. L. 100-453, title V, Sec. 503, 102 Stat.
1910
Nov. 18, 1988, Pub. L. 100-690, title I, Sec. 1003(a)(3), 102
Stat. 4182
Aug. 14, 1991, Pub. L. 102-88, title VI, Secs. 602(a), (b),
(c)(1), (2), 603, 604, 105 Stat. 441, 444, 445
Oct. 24, 1992, Pub. L. 102-496, title VII, Secs. 702-706, 106
Stat. 3188-3194
Nov. 30, 1993, div. A, Pub. L. 103-160, title VIII,
Sec. 828(d)(1), 107 Stat. 1715
Dec. 3, 1993, Pub. L. 103-178, title III, Secs. 304, 309, title
V, Sec. 502, 107 Stat. 2034, 2036, 2038
Oct. 14, 1994, Pub. L. 103-359, title V, Sec. 501(a), title
VIII, Sec. 802(a), (b), 108 Stat. 3428, 3435, 3438
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