{ "id": "RL33715", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33715", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 419750, "date": "2013-04-10", "retrieved": "2016-04-06T23:31:32.714898", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": "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 \u201ccovert actions,\u201d and thus require a presidential finding and the notification of the congressional intelligence committees.\nDefense officials have asserted that none of DOD\u2019s 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 \u201cclandestine activities.\u201d Although the term is not defined by statute, these officials characterize such activities as constituting actions that are conducted in secret but which constitute \u201cpassive\u201d intelligence information gathering. By comparison, covert action, they contend, is \u201cactive,\u201d in that its aim is to elicit change in the political, economic, military, or diplomatic behavior of a target.\nSome of DOD\u2019s activities have been variously described publicly as efforts to collect intelligence on terrorists that will aid in planning counterterrorism missions; to prepare for potential missions to disrupt, capture or kill them; and to help local militaries conduct counterterrorism missions of their own.\nSenior 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\u2019s activities should be limited to clandestine or passive activities, pointing out that if such operations are discovered or are inadvertently revealed, the U.S. government would be able to preserve the option of acknowledging such activity, thus assuring the military personnel who are involved some safeguards that are afforded under the Geneva Conventions. Covert actions, by contrast, constitute activities in which the role of the U.S. government is not intended to be apparent or to be acknowledged publicly. Those who participate in such activities could jeopardize any rights they may have under the Geneva Conventions, according to these officials.\nIn committee report language accompanying P.L. 111-259, the FY2010 Intelligence Authorization Act, the House Permanent Select Committee on Intelligence (HPSCI) expressed its concern that the distinction between the CIA\u2019s intelligence-gathering activities and DOD\u2019s clandestine operations is becoming blurred and called on the Defense Department to meet its obligations to inform the committee of such activities. Perhaps in an effort to bring more clarity to the covert action issue, Department of Defense officials early in the 112th Congress stated that current statute could be updated to reflect U.S. Special Operations Command\u2019s list of core tasks and the missions assigned to it in the Unified Command Plan. But in doing so, they also noted that Section 167 includes \u201csuch other activities as may be specified by the President or the Secretary of Defense,\u201d which, they argued, provides the President and the Secretary flexibility to meet changing circumstances.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33715", "sha1": "d482e8e53c8a1e89744c197640258894e8c7673e", "filename": "files/20130410_RL33715_d482e8e53c8a1e89744c197640258894e8c7673e.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33715", "sha1": "93fc087f444f994bf84a490f5a493209c6297546", "filename": "files/20130410_RL33715_93fc087f444f994bf84a490f5a493209c6297546.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc84067/", "id": "RL33715_2011Dec27", "date": "2011-12-27", "retrieved": "2012-04-27T15:49:45", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": "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. This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as \"covert action,\" and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. This report examines the statutory procedures governing covert action and associated questions to consider.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20111227_RL33715_ca604957a84498ab31485c577a999bfc219ef5ba.pdf" }, { "format": "HTML", "filename": "files/20111227_RL33715_ca604957a84498ab31485c577a999bfc219ef5ba.html" } ], "topics": [ { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Intelligence services", "name": "Intelligence services" }, { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Counterterrorism", "name": "Counterterrorism" }, { "source": "LIV", "id": "Covert operations", "name": "Covert operations" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc98079/", "id": "RL33715_2011Apr06", "date": "2011-04-06", "retrieved": "2012-08-21T08:46:06", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": "This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as \"covert action,\" and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. It also examines the statutory procedures governing covert action and associated questions to consider.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110406_RL33715_95a0a4b4c887c26e03ee30170cd7772ebf043335.pdf" }, { "format": "HTML", "filename": "files/20110406_RL33715_95a0a4b4c887c26e03ee30170cd7772ebf043335.html" } ], "topics": [ { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Intelligence services", "name": "Intelligence services" }, { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Counterterrorism", "name": "Counterterrorism" }, { "source": "LIV", "id": "Covert operations", "name": "Covert operations" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc26250/", "id": "RL33715_2009Jul06", "date": "2009-07-06", "retrieved": "2010-07-07T17:39:19", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": "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. This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as \"covert action,\" and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. This report examines the statutory procedures governing covert action and associated questions to consider.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090706_RL33715_65bbd7b40dd6835eed93d0963012ed5433487215.pdf" }, { "format": "HTML", "filename": "files/20090706_RL33715_65bbd7b40dd6835eed93d0963012ed5433487215.html" } ], "topics": [ { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Intelligence services", "name": "Intelligence services" }, { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Counterterrorism", "name": "Counterterrorism" }, { "source": "LIV", "id": "Covert operations", "name": "Covert operations" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc743560/", "id": "RL33715_2009Feb09", "date": "2009-02-09", "retrieved": "2015-10-20T21:35:54", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": "This report examines the statutory procedures governing covert action and associated questions to consider. Published reports have suggested that the Pentagon has expanded its counter-terrorism intelligence activities, and 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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090209_RL33715_ac0eb83d048a408977f4ca7c7cb278c2f6d841bb.pdf" }, { "format": "HTML", "filename": "files/20090209_RL33715_ac0eb83d048a408977f4ca7c7cb278c2f6d841bb.html" } ], "topics": [ { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Intelligence services", "name": "Intelligence services" }, { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Counterterrorism", "name": "Counterterrorism" }, { "source": "LIV", "id": "Covert operations", "name": "Covert operations" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc463117/", "id": "RL33715_2008Dec01", "date": "2008-12-01", "retrieved": "2014-12-05T09:57:41", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": "This report examines the statutory procedures governing covert action and associated questions to consider.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20081201_RL33715_ee1f9cfe0c95772c581502dad2483cea7fcd0914.pdf" }, { "format": "HTML", "filename": "files/20081201_RL33715_ee1f9cfe0c95772c581502dad2483cea7fcd0914.html" } ], "topics": [ { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Intelligence services", "name": "Intelligence services" }, { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Counterterrorism", "name": "Counterterrorism" }, { "source": "LIV", "id": "Covert operations", "name": "Covert operations" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc808847/", "id": "RL33715_2008Jan28", "date": "2008-01-28", "retrieved": "2016-03-19T13:57:26", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080128_RL33715_168516d2f256759d6faaa39f384d8e277402174b.pdf" }, { "format": "HTML", "filename": "files/20080128_RL33715_168516d2f256759d6faaa39f384d8e277402174b.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc808462/", "id": "RL33715_2007Oct11", "date": "2007-10-11", "retrieved": "2016-03-19T13:57:26", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20071011_RL33715_63dff261fc95191c6aa3cf10cb229659a978e695.pdf" }, { "format": "HTML", "filename": "files/20071011_RL33715_63dff261fc95191c6aa3cf10cb229659a978e695.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc815644/", "id": "RL33715_2006Nov02", "date": "2006-11-02", "retrieved": "2016-03-19T13:57:26", "title": "Covert Action: Legislative Background and Possible Policy Questions", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20061102_RL33715_fe8f1e3af2b1e7c735fada898652c51aeae8f4e8.pdf" }, { "format": "HTML", "filename": "files/20061102_RL33715_fe8f1e3af2b1e7c735fada898652c51aeae8f4e8.html" } ], "topics": [] } ], "topics": [ "Foreign Affairs", "Intelligence and National Security", "National Defense" ] }