3) use of chemical, biological, or other weapons
in violation of treaties or other international
agreements to which the United States is a
party; 14/

4)

5)

the torture of individuals; 15/ and

the support of any action, which violates
human rights, conducted by the police, foreign
intelligence, or internal security forces of
any foreign country."16/

S2525 would prohibit the following but would provide for a Presidential waiver of this restriction in times of war or when the President determines that there is a "grave and immediate threat to the national security" and that such action is "vital" and is the only way to accomplish the objective: 17/

1)

"the support of international terrorist activities; 18/

the mass destruction of property; 19/

2)

3)

the creation of food or water shortages or
floods; 20/ and

4)

The Church Committee Report recommended prohibition of:

the violent overthrow of the democratic government of any country."21/

1)

2)

3)

"political assassinations;

efforts to subvert democratic governments; and

support for police or other internal security
forces which engage in the systematic violation
of human rights."22/

The Pike Committee Report recommended prohibition of
"direct and indirect attempts to assassinate any indivi-
dual and all paramilitary activities...except in time
of war."23/

C. STANDARDS

1. In what circumstances should covert operations
be conducted?

The Carter Order authorizes covert operations whenever the President approves such activity.24/ S2525 would require, prior to initiation of a covert operation, Presidential findings that:

1) "such activity is essential to the national
defense or the conduct of foreign policy of
the United States;

2)

3)

4)

the anticipated benefits of such activity
justify the foreseeable risks and likely con-
sequences of its disclosure to a foreign
power;

overt or less sensitive alternatives would not
be likely to achieve the intended objectives;
and

the circumstances require the use of extraor-
dinary means."25/

22

23

24

25

Church Committee Report, Book I, p. 448, Recommendation #36.

Pike Committee Report, p. 2.

Carter Order $1-808.

S2525 131 (d).

The Church Committee Report recommended limitation of the conduct of covert operations to "extraordinary circumstances when no other means will suffice" and then, only when necessary "to deal with grave threats to American security."26/ The Pike Committee Report recommended authorization of covert operations only when the President certifies that such action "is required to protect the national security of the United States. "27/ HR6051 would authorize covert operations only after a "congressional declaration of war."28/

2. What should be the standards of prior approval
for covert operations?

The Carter Order does not prescribe standards for prior review of covert operations. Under S2525, the NSC would have to consider the following factors prior to initiation of covert operations:

1) "the justification for such proposed activity;

2)

3)

4)

5)

the nature, scope, probable duration, estimated
costs, foreseeable risks, likely consequences
of disclosure, and actions necessary in the event
of the termination of such activity;

the relationship between the proposed activity and any previously approved activity;

the likelihood that the objectives of such
activity would be achieved by overt or less
sensitive alternatives; and

the legal implications of the proposed activity." 29/

26

see also Church

Church Committee Report, Book I, p. 446;
Committee Report, Book I, p. 448, Recommendation #35.

27

Pike Committee Report, p. 2.

28

HR6051 §303(e).

29

S2525 131 (c).

Prior to initiation of covert operations, S2525 also
would require the Presidential findings listed above.30/
The Church Committee Report recommended inclusion of
the same factors for consideration by the NSC as S2525
as well as "a careful and systematic analysis of the
political premises underlying the recommended actions."31/
Review by the NSC, as recommended by the Pike Committee,
would encompass the same factors as those listed above
which S2525 would require for such review.32/ HR6051
would require a "congressional declaration of war" prior
to initiation of covert operations.33/

3. Should there be a limitation on the duration

of covert operations?

The Carter Order does not set a time limit on covert operations. S2525 would not limit the duration of covert operations and would establish annual review of such activities on the assumption that they may continue for periods longer than one year.34/

The Church Committee Report did not specify a cut-off period for covert operations. The Pike Committee Report mandated that no covert operation continue for more than one year past the "date of affirmative recommendation of its initiation."35/

30

31

32

See note 25 & accompanying text supra.

Church Committee Report, Book I, p. 448, Recommendation #37.

Pike Committee Report, p. 5.

33

HR6051 303(e).

34

S2525 131 (f).

35

Pike Committee Report, p. 3.

1. What procedures should be followed prior to
initiation of covert operations?

The Carter Order establishes a committee of the NSC which must consider all proposals for covert operations and submit a policy recommendation to the President on all covert operations.36/ The President must approve all covert operations prior to their initiation under the Carter Order.37/ S2525 would require review of each covert operation by the NSC and Presidential approval prior to initiation of the activity.38/ Prior notification to the congressional committees on intelligence would be required by S2525 unless the President determined that such notification would result in harmful delay.39/

The Church Committee Report recommended prior review by a committee of the NSC and final approval by the President.40/ The Church Committee Report also called for specified and detailed budget requests for covert operations anticipated at the time of the annual intelligence budget submission.41/ The Pike Committee Report recommended establishment of a NSC committee

36

Carter Order §1-302.

37

Carter Order §1-808.

38

S2525 §131(a), (d).

39

S2525 131 (g).

40

41

Church Committee Report, Book I, pp. 448-449, Recommendation #

Id. at p. 449, Recommendation #38.