Covert Action: Legislative Background and Possible Policy Questions

Abstract

Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counter-terrorism intelligence activities as part of what the Bush Administration termed the global war on terror. Some observers have asserted that the Department of Defense (DOD) may have been conducting certain kinds of counterterrorism intelligence activities that would statutorily qualify as "covert actions," and thus require a presidential finding and the notification of the congressional intelligence committees. Defense officials have asserted that none of DOD's current counter-terrorist intelligence activities constitute covert action as defined under the law, and therefore, do not require a presidential finding and the notification of the intelligence committees. Rather, they contend that DOD conducts only "clandestine activities." Although the term is not defined by statute, these officials characterize such activities as constituting actions that are conducted in secret, but which constitute "passive" intelligence information gathering. By comparison, covert action, they contend, is "active," in that its aim is to elicit change in the political, economic, military, or diplomatic behavior of a target.

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Document Details

Document Type
Technical Report
Publication Date
Jul 06, 2009
Accession Number
ADA509854

Entities

People

  • Alfred Cumming

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Weapons Technologies

DTIC Thesaurus Topics

  • Congress
  • Counterterrorism
  • Department Of Defense
  • Geneva Conventions
  • Governments
  • Intelligence Collection
  • Intelligence Community (United States)
  • Language
  • Law
  • Military Operations
  • Military Personnel
  • National Security
  • Personnel Management
  • President (United States)
  • Security
  • United States
  • United States Government

Fields of Study

  • Political science

Readers

  • Government and Public Administration Law.
  • Irregular Warfare and Special Operations Cyberspace Operations against Adversarial Threats.