A Study Of American Congressional Oversight Of Covert Action During Cold War

Abstract:Covert Action Strategy (or Covert Operation Strategy) was the important composition of the Grand Strategy of Containment by the United States to the Soviet bloc in Cold War. Covert Action (or Covert Operation) was the important foreign policy tool or "the third option" for Cold War carried out to Soviet bloc by the US. However, scholars in China particularly have done the research from the view of the President of US, and have not yet paid enough attention to the congressional oversight of covert action. Thereupon, the author selects the subject in order to overcome the weakness of the related research.The congressional oversight of covert action can be divided into three phrases:First, from 1947 to 1974 can be identified as the informal oversight of congress to covert action; Second, from 1974 to 1986 can be identified as the establishment of the formal oversight mechanism of congress to covert action; Third, from 1986 to 1991 can be identified as the readjustment of congressional oversight of covert action under the influence of the Iran-Contra Affairs.Form 1947 to 1974, the development of covert action in America can be divided into three phases——the original development in 1940s, the "Heyday" for the 1950s, and the continuation of "Golden Days" from 1960s to the middle of 1970s. While the covert action of America developed quickly during this period, for the part of Cold War, the congress had been the supporter of the covert action by CIA. As a result, the oversight of congress to covert action was "informal", uncontinuous and unsystematic. The decision-making of covert action was mainly in the hands of president, and covert action was considered as the privilege of the president. Owing to the harmful influence of the "informal" oversight of congress, the CIA increasingly involved in those adventurous and controversial covert actions, which eventually endangered the "democracy" and "freedom" of America.Following the investigation of the Church Committee in Senate and the Pike Committee in House, the oversight of congress to covert action developed into new phrases. As a result of the investigation of Church Committee and Pike Committee, congress had set up the mode of "crisis-investigation" for the oversight of covert action. Subsequently, congress established the special intelligence committees to do the routinely oversight of covert action. At the same time, congressional intelligence committees made a series of acts related to covert action, such as "The 1980 Intelligence Oversight", and thus established the formal oversight mechanism gradually for congress to covert action, which provided the legal safeguard for the congressional oversight of covert action. During the period, the oversight to covert action of congress had made great effect: first, congress established the formal oversight mechanism to covert action; second, covert actions in the 1970s decreased heavily, which was the direct effect of congressional oversight; third, under the influence of congressional formal oversight, Ford, Carter and Reagan administrations improved the approval procedure for covert action through presidential executive orders, so as to intensify the control of executive branch to covert actions.The breaking out of the Iran-Contra Affairs provided America with the opportunity to improve the congressional oversight mechanism for covert action. Under the influence of congressional investigation into the Iran-Contra Affairs, on the one hand, Reagan administration improved the approval procedure for covert action through presidential national security decision directives, such as NSDD286. On the other hand, congress readjusted the congressional oversight to covert action through the passage of "the Intelligence Authorization Act, Fiscal Year 1991", which is in effect until now.All in all, during the Cold War, American congressional oversight of covert action embodied two characteristics in development:one is the type of spiring advancement as a whole; the other is the trading off "the mode of crisis-investigation oversight" and "the mode of routinely oversight", and whenever the crisis-investigation oversight takes place, it will inspire great enthusiasm for congressional intelligence committees to oversee covert action. However, American political system of three rights in separation and check-balance determines that congress will encounter a series of dilemmas in its oversight of covert action. And the congressional oversight of covert action must conform to the American national interest, which will in return determine the necessity, sufficiency and propriety in congressional oversight of covert action. Therefore, the principle of national interest is uppermost has affected the congressional oversight of covert action. The purpose of congressional oversight isn't acquiring the democratization of covert actions' decision-making, nor the so-called "democratization of covert actions".