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Department of Defense spies bend rules to keep Congress in the dark
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The Department of Defense has failed to report intelligence operations and covert actions conducted by special operations forces and DoD intelligence units to the House and Senate intelligence committees, according to the House report on the Intelligence Authorization Act for Fiscal Year 2010. (Tip o' the hat to Federation of American Scientists Secrecy News)
Federal law requires the executive branch to report at all covert actions via the Gang of Eight, which consists of the ranking Republicans and Democrats on the House and Senate intelligence committees, as well as majority and minority leaders of the House and Senate. Intelligence agencies like CIA, NRO, and NGA report their sensitive covert actions to the committees and Congressional leaders via an established briefing procedure.
DoD, however, is evading its obligation to report covert action to Congress by applying secrecy and congressional disclosure rules primarily intended for DoD's sensitive technology procurement programs, such as 80s-era programs that developed stealth technology for US warplanes and ships. The technology-oriented DoD policy requires only an annual briefing to Congress of general program information--neither technology program managers nor legislators want or need to be bogged down in details of testing, development, or manufacturing.
In contrast, intelligence agencies are expected to report details of covert operations far more frequently, in far more detail.
In other words, if CIA captures and tortures a terrorist, it must be reported immediately to Congress. But if Navy SEALs capture and torture a terrorist, Congress may not learn about it for a year--if at all.
The House intelligence committee told DoD it is considering legislation to force DoD covert activity and intellgence operations to conform with the more stringent intelligence reporting rules.
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