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 counterterrorism 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 counterterrorism 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. Senior U.S. intelligence community officials have conceded that the line separating Central Intelligence Agency (CIA) and DoD intelligence activities has blurred, making it more difficult to distinguish between the traditional secret intelligence missions carried out by each. They also have acknowledged that the U.S. intelligence community confronts a major challenge in clarifying the roles and responsibilities of various intelligence agencies with regard to clandestine activities. Some Pentagon officials have appeared to indicate that DoD's activities should be limited to clandestine or passive activities, pointing out that if such operations are discovered, military personnel who are involved could be protected by the Geneva Conventions.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 10, 2013
- Accession Number
- ADA577934
Entities
People
- Marshall C. Erwin
Organizations
- Library of Congress