{ "id": "R45191", "type": "CRS Report", "typeId": "R", "number": "R45191", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R45191", "source_dir": "crsreports.congress.gov", "date": "2023-07-10", "typeId": "R", "formats": [ { "format": "PDF", "filename": "files/2023-07-10_R45191_f3373399bc548a1e6d60309f002644dc22125831.pdf", "url": "https://crsreports.congress.gov/product/pdf/R/R45191/8", "sha1": "f3373399bc548a1e6d60309f002644dc22125831" }, { "format": "HTML", "filename": "files/2023-07-10_R45191_f3373399bc548a1e6d60309f002644dc22125831.html" } ], "type": "CRS Report", "summary": null, "title": "Covert Action and Clandestine Activities of the Intelligence Community: Selected Congressional Notification Requirements", "retrieved": "2023-08-07T04:03:13.307741", "source": "CRSReports.Congress.gov", "id": "R45191_8_2023-07-10" }, { "source": "EveryCRSReport.com", "id": 601445, "date": "2019-07-02", "retrieved": "2019-07-02T22:01:47.357234", "title": "Covert Action and Clandestine Activities of the Intelligence Community: Selected Congressional Notification Requirements in Brief", "summary": "Section 3091 of Title 50, U. S. Code requires the President of the United States to ensure that the congressional intelligence committees are \u201ckept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity,\u201d significant intelligence failures, illegal intelligence activities, and financial intelligence activities.\nIn fulfilling this statutory requirement, the President must notify Congress of all covert actions and significant clandestine activities of the Intelligence Community (IC). Congress\u2019s interest in being kept informed of these activities originated from instances in the 1970s when media disclosure of past intelligence abuses during times of relatively benign congressional oversight underscored the importance of Congress taking a more active role. Over time, these notification requirements were written into statute or became customary. \nCovert action is codified in Title 50, U.S. Code as an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States will not be apparent or acknowledged publicly. The term clandestine describes a methodology used for a range of sensitive intelligence and military activities\u2014conducted under Title 10 or Title 50 U.S. Code authority\u2014in which the activity itself, as well as U.S. sponsorship, is secret. Congress\u2019s particular interest in these activities is, in part, due to the characteristics that they have in common: they involve particularly sensitive sources and methods, have significant implications for U.S. foreign relations, and incur serious risk of damage to U.S. national security or loss of life in the event of exposure or compromise. \nDifferent committees exercise oversight jurisdiction depending upon how a particular activity is defined and the statutory authority under which it is conducted. Most intelligence activities, to include covert action, are authorized under Title 50, U.S. Code. Title 10, U.S. Code provides authorities for the military, to include clandestine activities of the military.\nThe 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.\nThis report is accompanied by two related reports: CRS Report R45175, Covert Action and Clandestine Activities of the Intelligence Community: Selected Definitions in Brief, by Michael E. DeVine, and CRS Report R45196, Covert Action and Clandestine Activities of the Intelligence Community: Framework for Congressional Oversight In Brief, by Michael E. DeVine.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R45191", "sha1": "e604853317ce387f094fa1b3727af0973e052aca", "filename": "files/20190702_R45191_e604853317ce387f094fa1b3727af0973e052aca.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R45191", "sha1": "238bcf69e18faff03a554d6095c743c29b7e9178", "filename": "files/20190702_R45191_238bcf69e18faff03a554d6095c743c29b7e9178.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4809, "name": "National & Military Intelligence" } ] }, { "source": "EveryCRSReport.com", "id": 587432, "date": "2018-05-07", "retrieved": "2019-04-18T14:28:38.504612", "title": "Covert Action and Clandestine Activities of the Intelligence Community: Selected Notification Requirements in Brief", "summary": "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. \nThe 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. \nSection 3091 of Title 50, U. S. Code requires the President of the United States to ensure that the congressional intelligence committees are \u201ckept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity,\u201d 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. \nSection 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 \u201cextent 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.\u201d \nThe 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.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R45191", "sha1": "8c25581cda6ffe8415c4b86739bb68c8b1be1d4e", "filename": "files/20180507_R45191_8c25581cda6ffe8415c4b86739bb68c8b1be1d4e.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R45191", "sha1": "856bf25bcf92741087f8247aaa5c6f76c960f78f", "filename": "files/20180507_R45191_856bf25bcf92741087f8247aaa5c6f76c960f78f.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4809, "name": "National & Military Intelligence" } ] } ], "topics": [ "Intelligence and National Security", "National Defense" ] }