Rep. Porter Goss,
President Bush’s nominee to head the CIA, recently introduced
legislation that would give the president new authority to
direct CIA agents to conduct law-enforcement operations inside
the United States—including arresting American citizens.
The legislation, introduced by Goss on June 16 and
touted as an “intelligence reform” bill, would
substantially restructure the U.S. intelligence community by
giving the director of Central Intelligence (DCI) broad new
powers to oversee its various components scattered throughout
the government.
But in language that until now has not gotten any
public attention, the Goss bill would also redefine the
authority of the DCI in such a way as to substantially
alter—if not overturn—a 57-year-old ban on the CIA conducting
operations inside the United States.
The language contained in the Goss bill has alarmed
civil-liberties advocates. It also today prompted one former
top CIA official to describe it as a potentially “dramatic”
change in the guidelines that have governed U.S. intelligence
operations for more than a half century.
“This language on its face would have allowed President
Nixon to authorize the CIA to bug the Democratic National
Committee headquarters,” Jeffrey H. Smith, who served as
general counsel of the CIA between 1995 and 1996, told
NEWSWEEK. “I can’t imagine what Porter had in
mind.”
Goss himself could not be reached for comment today.
But a congressional source familiar with the drafting of
Goss’s bill said the language reflects a concern that he and
others in the U.S. intelligence community share—that the lines
between foreign and domestic intelligence have become
increasingly blurred by the war on terrorism.
At the time he introduced the bill, Goss thought the
9/11 commission might recommend the creation of a new domestic
intelligence agency patterned after Britain’s M.I.5. The
commission ended up rejecting such a proposal on
civil-liberties grounds. But in his bill Goss wanted to give
the DCI and a newly empowered CIA the “flexibility”—if
directed by the president—to oversee and even conduct whatever
domestic intelligence and law-enforcement operations might be
needed to combat the terrorism threat, the congressional
official said.
“This is just a proposal,” said the congressional
official familiar with the drafting of Goss’s bill. “It was
designed as a point of discussion, a point of debate. It’s not
carved in stone.”
But other congressional staffers predicted that the
Goss bill, even if it has little chance of passage, is likely
to get substantial scrutiny at his upcoming confirmation
hearings—in part as an opportunity to explore his own
attitudes toward civil liberties.
Those hearings are already expected to be unusually
contentious—partly because of concerns among Democrats that
the Florida Republican, a former CIA officer himself who has
chaired the House Intelligence Committee, has been too
partisan and too close to the Bush White House. But so far,
most staffers expect Goss to be confirmed eventually—if only
because Democrats are loath to appear overly obstructionist on
a matter that might be portrayed as central to national
security.
The Goss bill tracks current law by stating that the
DCI shall “collect, coordinate and direct” the
collection of intelligence by the U.S. government—except that
the CIA “may not exercise police, subpoena, or law enforcement
powers within the United States.”
The bill then adds new language after that
clause, however, saying that the ban on domestic
law-enforcement operations applies “except as otherwise
permitted by law or as directed by the
president.”
In effect, one former top U.S. intelligence community
official told NEWSWEEK, the language in the Goss bill would
enable the president to issue secret findings allowing the CIA
to conduct covert operations inside the United States—without
even any notification to Congress. The former official said
the proposal appeared to have been generated by Goss’s staff
on the House Intelligence Committee, adding that the language
raises the question: “If you can’t control a staff of dozens,
how are you going to control the tens of thousands of people
who work for the U.S. intelligence community?”
A
CIA spokeswoman said today that, while familiar with the
provision, she was not aware of any agency official seeking
such a modification to the longstanding ban on the CIA from
conducting domestic law-enforcement operations. (Ever since
the creation of the CIA in 1947, the agency has been excluded
from federal law-enforcement within the United States. That
function was left to the FBI—which must operate in conformity
to domestic laws and, in more recent years, under guidelines
promulgated by the attorney general designed to insure
protection of the rights of citizens.)
Sean McCormack, a White House spokesman, said the
president’s own proposal for the creation of a national
intelligence director—separate from the director of the CIA—to
oversee the entire U.S. intelligence community does not
envision any change along the lines called for in the Goss
bill. “I have not heard any discussion of that,” said
McCormack about the idea of allowing the CIA to operate
domestically.
Some congressional staffers speculated today that Goss
most likely had reached an understanding with President Bush
that, if Congress does create the new position of a national
intelligence director, he would move into that position rather
than serve in the No. 2 position of CIA director. Asked if
such a deal had been reached, McCormack responded: “Nothing
has been ruled in or out.”
Goss introduced his legislation, H.R. 4584, on June
16—before the September 11 commission issued its own
recommendations for the creation of a national intelligence
director as well as a new National Counterterrorism Center
that would conduct “joint operational planning” of
counterterrorism operations involving both the FBI inside the
United States and the CIA abroad. The congressional
official familiar with the Goss bill pointed to that proposal
as a recognition of the increasingly fuzzy lines between
foreign intelligence operations and domestic law
enforcement.
The proposal comes at a time when the Pentagon is also
seeking new powers to conduct intelligence operations inside
the United States. A proposal, adopted last spring by the
Senate Intelligence Committee at the request of the Pentagon,
would eliminate a legal barrier that has sharply restricted
the Defense Intelligence Agency and other Pentagon
intelligence agencies from recruiting sources inside the
United States.
That restriction currently requires that Pentagon
agencies be covered by the Privacy Act, meaning that they must
notify any individual they contact as to who they are talking
to and what the agency is talking to them about—and then keep
records of any information they collect about U.S. citizens.
These are then subject to disclosure to those citizens.
Pentagon officials say this has made it all but impossible for
them to recruit intelligence sources and conduct covert
operations inside the country—intelligence gathering, they
say, that is increasingly needed to protect against any
potential terror threats to U.S. military bases and even
contractors. But critics have charged the new provision could
open the door for the Pentagon to spy on U.S. citizens—a
concern that some said today is only amplified by the
language in the Goss bill.
Olympic Threats
How serious is the terror
threat to the Olympics? Because Greece has a long and
intricate coastline with dozens of islands, the country is
viewed as relatively vulnerable to infiltration. And while
security for Olympic venues is tight, Athens presents a whole
range of civilian "soft targets" that are less well
protected.
Nevertheless, U.S. intelligence officials tell
NEWSWEEK, it’s not Al Qaeda they are most worried about.
Instead, officials say the most imminent threat to the
peace of the games is anarchist and antiglobalization
activists of the type who caused significant violence and
property damage at a summit several years ago in Seattle.
Officials believe such protestors plan to swarm Athens and
conduct a campaign of disruption and vandalism.
It’s not that officials are complacent. But sources say
that the “chatter” they are picking up on Al Qaeda-linked Web
sites is focused more on targeting the United States mainland
and American interests abroad than on possible threats against
the Olympics.
Specific Al Qaeda threats to the U.S., to U.S.
interests abroad and to countries working with Washington in
Iraq are regarded by American intelligence as more foreboding
than possible threats to the Olympics. Several months ago,
Osama bin Laden issued a message threatening to attack
countries which did not withdraw from Iraq within 90 days, a
deadline which expired in July. "I think we will be seeing
some serious attempts to make good on that promise," a senior
U.S. counterterror official told NEWSWEEK. But the official
said he was unaware of any more specific threat that bin Laden
made against the Olympics.
© 2004 Newsweek,
Inc.