Publication

This report examines the legislative background surrounding "covert actions" carried out by the US intelligence community. Statutorily, covert actions require a presidential finding and the notification of the congressional intelligence committees. Defense officials, however, have asserted that none of the DoD's current counterterrorism intelligence activities constitute covert action as defined under the law and, therefore, do not require such a finding and notification. The author explores this conundrum and raises a number of policy questions for the 112th Congress.