	Non-Covert Intelligence Activities Notifications

Section 3092 of Title 50, U . S. Code , requires that the congressional intelligence committees be kept "fully and currently informed" of all intelligence activities, other than a covert action, by the Director of National Intelligence (DNI) and the head of any of the component organizations of the intelligence community. Covert Action Notifications

Section 3093 of Title 50, U . S. Code sets out how the congressional intelligence committees are to be informed of covert actions, to include use of cyber capabilities when employed as a covert action. Findings must be made in writing unless immediate United States action is required. Covert Action Gang of Eight Notifications

If the President determines that it is "essential" to limit access to a covert action finding in order to "meet extraordinary circumstances affecting vital interests of the United States," he may limit the notification of such a finding to the chairs and ranking minority members of the House and Senate intelligence committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate. Insofar as Congress exercises oversight over these activities, DOD's requirements for notifying Congress differ from those of the intelligence community. Moreover, prior notification, which is generally required for covert action and significant anticipated intelligence activities, is not typical of congressional notifications of sensitive DOD activities conducted in support of a larger military operation. Following are notification requirements for sensitive military activities that, from an operational standpoint, could be confused with covert or clandestine activities of the intelligence community. In statute, however, traditional military activities and routine support to these activities are exempt from the congressional notification requirements for covert action. They may be conducted covertly and clandestinely (i.e., the activity as well as U.S. sponsorship are secret).
Covert action and clandestine activities of the intelligence community and activities of the military may appear similar, but they involve different notification requirements and usually are conducted under different authorities of the U. S. Code.
The requirements for notifying Congress of activities of the intelligence community originated from instances in the 1970s when media disclosure of past intelligence abuses underscored reasons for Congress taking a more active role in oversight. Over time, these requirements were written into statute or became custom.
Section 3091 of Title 50, U. S. Code requires the President of the United States to ensure that the congressional intelligence committees are "kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity," significant intelligence failures, illegal intelligence activities, and financial intelligence activities. Intelligence activities also include covert action as outlined under Section 3093(e) of Title 50, U.S. Code.
Section 3092 of Title 50, U. S. Code sets out the congressional notification requirements for non-covert action intelligence activities. Section 3093 of Title 50 sets out the congressional notification requirements for covert actions. Both sections 3092 and 3093 explicitly state such notification is to be provided 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 President and intelligence committees are responsible for establishing the procedures for notification, which are generally to be done in writing. Partly in deference to this higher standard, such notifications are sometimes limited to specific subgroups of Members of the Senate and the House of Representatives in certain circumstances, as defined by law and custom.