Congressional oversight of the intelligence community (IC) enables Members to gain insight into and offer advice on programs and activities that can significantly affect or influence U.S. foreign policy. This In Brief responds to Congress's ongoing interest in oversight of covert action and clandestine activities in particular. The distinction between military and intelligence activities described as covert and clandestine can be confusing. What agencies are authorized to conduct covert action and clandestine activities? What are their legal authorities for doing so? Which military terms describe activities that might seem similar but are distinct from covert action? Prior to 1974, no statute existed that enabled Congress to conduct oversight of the intelligence community. Congress exercised what some have described as "benign neglect" of intelligence. In earlier instances, when it could have exercised greater oversight—such as over the CIA's orchestration of the 1953 coup in Iran—Congress trusted that the executive branch and intelligence community were acting in accordance with the law. Congress also did not question whether particular covert actions or other sensitive intelligence activities were viable as a means of supporting U.S. national security. In the 1970s, controversy over public disclosure of CIA's covert action programs in Southeast Asia and the agency's domestic surveillance of the antiwar movement spurred Congress to become more involved in intelligence oversight. In 1974, the Hughes-Ryan amendment of the Foreign Assistance Act of 1961 (§32 of P.L. 93-559 ) provided the first statutory basis for congressional oversight and notification to Congress of covert action operations. Investigations by two congressional committees—in the Senate, chaired by Idaho Senator Frank Church, and in the House, chaired by Representative Otis Pike—provided the first formal effort to understand the scope of intelligence activities. These committees became the model for a permanent oversight framework that could hold the intelligence community accountable for spending appropriated funds legally and supporting identifiable national security objectives. In 1975, Congress established the Senate Select Committee on Intelligence (SSCI) and the House Permanent Select Committee on Intelligence (HPSCI). Congress later refined its oversight of the intelligence community when the executive branch directed covert action operations without notifying Congress in advance. In August 1980, out of concern for maintaining operational security, President Carter chose not to inform Congress prior to the attempt to rescue American hostages held by the Iranian regime. In the mid-1980s, the Reagan Administration did not inform Congress about a covert initiative to divert funds raised from the sale of arms to Iran to support the Contras in Nicaragua. Through the Intelligence Authorization Acts (IAA) of 1981 ( P.L. 96-450 ) and 1991 ( P.L. 102-88 ), Congress revised procedures to try to ensure that the executive branch would, in the future, provide timely, comprehensive notification of all covert action and other "significant anticipated intelligence activity." The evolution of congressional oversight of intelligence, which emphasized the exclusive jurisdiction of the SSCI and HPSCI, vice the congressional defense committees, was, however, arguably out of alignment with the evolution of military operations and intelligence activities in the field. In the field, the military and intelligence communities increasingly integrated their activities for greater effect in the post-9/11 environment. A reportable intelligence activity, therefore, was often of interest to the congressional defense as well as intelligence committees. Yet, in Congress, the intelligence and defense committees have different notification standards and processes. The statutory authority for a particular intelligence or defense activity has determined the jurisdiction thereof: Title 50 of the U.S. Code provides the statutory authority for intelligence activities, regardless of which agency carries them out; Title 10 of the U.S. Code provides the statutory authority for military activities. Notification of Congress, therefore, has had the potential for artificially defining intelligence activities as separate and distinct from military activities. As a result, congressional committees may be unevenly informed about both kinds of activities, some of which may be indistinguishable regarding the respective risks they pose in terms of compromise, loss of life, and impact on U.S. national security. Covert action is codified as an activity or activities of the United Sates Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States will not be apparent or acknowledged publicly. It does not include activities with the primary purpose of acquiring intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States government programs, or administrative activities; traditional diplomatic or military activities or routine support to such activities; traditional law enforcement activities conducted by United States government law enforcement agencies or routine support to such activities; activities to provide routine support of any other overt activities of other United States government agencies abroad. Covert action is generally intended to influence conditions short of an escalation by the United States that might lead to a sizable or extended military commitment. Unlike traditional intelligence collection, covert action is not passive. It has a visible, public impact intended to influence a change in the military, economic, or political environment abroad that might otherwise prove counterproductive if the role of the United States were made known. Covert action also requires a finding by the President, providing written notification to Congress that the impending activity supports "identifiable foreign policy objectives." Covert action cannot be directed at influencing the domestic environment: "No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media." While covert action is historically most closely associated with the CIA, the President may authorize other "departments, agencies or entities of the United States Government," such as DOD, to conduct covert action. Offensive cyberspace operations—defined as operations "intended to project power by the application of force in and through cyberspace"—may also be called covert action if they are conducted under authority of Title 50 of the U.S. Code , Section 3093, which provides the statutory provisions for oversight for covert action. Historic examples of covert action include the CIA's orchestration of the 1953 coup in Iran; the 1961 Bay of Pigs invasion of Cuba; the Vietnam-era secret war in Laos; and support to both the Polish Solidarity labor union in the 1970s and 1980s and to the Mujahidin in Afghanistan during the 1980s. These and other examples highlight the mixed record of use of covert action, favorable, unfavorable, or undetermined and still unfolding through second- and third-order effects. The term clandestine activity is not defined by statute . DOD doctrine defines clandestine activities as "operations sponsored or conducted by governmental departments in such a way as to assure secrecy or concealment" that may include relatively "passive" intelligence collection information gathering operations. Unlike covert action, clandestine activities do not require a presidential finding but may require notification of Congress. This definition differentiates clandestine from covert , using clandestine to signify the tactical concealment of the activity. By comparison, covert activities can be characterized as the strategic concealment of the United States' sponsorship of activities that aim to effect change in the political, economic, military, or diplomatic behavior of an overseas target. Because clandestine activities necessarily involve extremely sensitive sources and methods of military operations or intelligence collection, their compromise through unauthorized disclosure can risk the lives of the personnel involved and gravely damage U.S. national security. Examples include intelligence recruitment of, or collection by, a foreign intelligence asset, and military sensitive site exploitation (SSE) of, or surveillance of, a facility in a denied or hostile area. SSE is one of many military operations that can be conducted clandestinely, without the acknowledgement—at least initially—of U.S. sponsorship. These examples of clandestine activities can be further categorized as traditional military activities or routine or other-than-routine support for traditional military activities, operational preparation of the environment (OPE ) , and sensitive military operations , all of which are discussed in more detail below. Clandestine activities can also include defensive or offensive operations in cyberspace, in which both the activity and U.S. sponsorship may be classified. Since 9/11, when military and intelligence activities became increasingly integrated, Congress has taken renewed interest in the two military exceptions to the statutory definition of covert action: traditional military activities and routin e support to traditional military activities. Though neither term is itself defined in statute, Congress's intent regarding traditional military activities and routine support to traditional military activities is relevant to understanding the range of military activities that have notification requirements that are less stringent than for covert action. These terms, which were first cited as exceptions to covert action in P.L. 102-88 , the Intelligence Authorization Act for FY 1991, may include activities that are difficult to distinguish from covert or clandestine intelligence activities. In a joint explanatory statement attached to the conference report for P.L. 102-88 , the conference committee provided an extended discussion of its intent as to the meaning of traditional military activities : It is the intent of the conferees that 'traditional military activities' include activities by military personnel under the direction and control of a United States military commander (whether or not the U.S. sponsorship of such activities is apparent or later to be acknowledged) preceding and related to hostilities which are either anticipated (meaning approval has been given by the National Command Authorities for the activities and or operational planning for hostilities) to involve U.S. military forces, or where such hostilities involving United States military forces are ongoing, and, where the fact of the U.S. role in the overall operation is apparent or to be acknowledged publicly. In this regard, the conferees intend to draw a line between activities that are and are not under the direction and control of the military commander. Activities that are not under the direction and control of a military command er should not be considered as " t raditional military activities [emphasis added].