Legal regulation of secret intelligence
operations of the USA.


	National Security Reference: Dundukov, M.Y. Legal regulation of secret intelligence operations of the USA. // National Security. 2013. № 6. P. 55-65. URL: https://en.nbpublish.com/library_read_article.php?id=63872 Dundukov, M.Y. Legal regulation of secret intelligence operations of the USA. Abstract: The ar ticle includes analysis of development of the legal regulation in the sphere of secret intelligence operation in the USA. From the very first years of its existence as an independent state, the intelligence service of the USA traditionally held secret operations. However, the issue of legal regulation of secret operations was raised only after the 2nd World war. Based upon the historic analysis the author reveals the patterns of development of the legal regulation of secret intelligence operations of the USA from the very first bylaws by the President and the National Security Council of the USA, which were mostly secret, to the current legislation in this sphere. The article contains detailed analysis of the term “secret operation “ from the position of the American legislation, as well as the modern legislative standards, regulating the procedure for secret operation. The article shows the role of the President and Congress in implementing control over organization and implementation of secret operations. Special attention is paid to the legislative limitations regarding secret operations, and, more specifically, to the fact that the American legislation does not limit the range of actions, which may be taken by the intelligence service as secret operations. The legislative limitations mostly concern the prohibition to hold secret operations in the US territory or for the purpose of influencing the political processes in the USA. Keywords: secret operation, the US intelligence service, legal regulation, Congressional control, the NSC Directive, legislative limitations, the Central Intelligence Agency, intelligence committees of the Congress, executive order of the President, National Intelligence Director. This article can be downloaded freely in PDF format for reading. Download article References 1. Foreign Relations, 1945-1950, Emergence of the Intelligence Establishment, Washington: Governmental Printing Office, 1996. 2. The Report on the Covert Activities of the Central Intelligence Agency, Sept. 30, 1954. [sayt]. URL:http://www.foia.cia.gov/sites/default/files/document_conversions/45/doolittle_report.pdf (data obrashcheniya: 20.10.2013) 3. National Security Council Directive № 10/2, Washington, June 18, 1948. . [sayt]. URL:http://history.state.gov/historicaldocuments/frus1945-50Intel/d292 (data obrashcheniya: 20.10.2013) 4. U.S. Department of State, Foreign Relations of the United States. Vol. III. Western Europe. Washington: Governmental Printing Office, 1974. 5. U.S. Congress, Senate, 94th Congress, 2nd session, Select Committee to Study Governmental Operations with respect to Intelligence Activities, Foreign and Military Intelligence, Final Report, Book I, April 26, 1976, Washington: Governmental Printing Office, 1976. 6. Executive Order № 11905 of 18 Feb. 1976, Weekly Compilation of Presidential Documents, Vol. 12, No. 8, February 23, 1976, Washington: Governmental Printing Office, 1976. 7. Central Intelligence Agency Act of June 20, 1949, ch. 227, 63 Stat. 208. 8. Foreign Assistance Act of 1961, Public Law: 87-195, Sept. 4, 1961, 75 Stat. 424. 9. Intelligence Authorization Act for Fiscal Year 1980, Public Law: 96-450, Oct. 14, 1980, 94 Stat. 1978. 10. Intelligence Authorization Act, Fiscal Year 1991, Public Law: 102-88, Aug. 14, 1991, 105 Stat. 442. 11. International Security Assistance and Arms Export Control Act of 1976, Public Law: 94-329 June 30, 1976, 90 Stat. 765. 12. War Powers Act of 1973, Public Law: 93-148, Nov. 7, 1973, 87 Stat. 555. 13. Leary W.M. The CIA: History and Documents. N.Y. 1984.

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Dundukov, M.Y. Legal regulation of secret intelligence operations of the USA.