"The White House is considering expanding the power of a little-known
Pentagon agency called the Counterintelligence Field Activity, or
CIFA, which was created three years ago. The proposal, made by a
presidential commission, would transform CIFA from an office that
coordinates Pentagon security efforts -- including protecting military
facilities from attack -- to one that also has authority to
investigate crimes within the United States such as treason, foreign
or terrorist sabotage or even economic espionage."

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/26/AR2005112600857.html

Pentagon Expanding Its Domestic Surveillance Activity
Fears of Post-9/11 Terrorism Spur Proposals for New Powers

By Walter Pincus
Washington Post Staff Writer
Sunday, November 27, 2005; A06

The Defense Department has expanded its programs aimed at gathering
and analyzing intelligence within the United States, creating new
agencies, adding personnel and seeking additional legal authority for
domestic security activities in the post-9/11 world.

The moves have taken place on several fronts. The White House is
considering expanding the power of a little-known Pentagon agency
called the Counterintelligence Field Activity, or CIFA, which was
created three years ago. The proposal, made by a presidential
commission, would transform CIFA from an office that coordinates
Pentagon security efforts -- including protecting military facilities
from attack -- to one that also has authority to investigate crimes
within the United States such as treason, foreign or terrorist
sabotage or even economic espionage.

The Pentagon has pushed legislation on Capitol Hill that would create
an intelligence exception to the Privacy Act, allowing the FBI and
others to share information gathered about U.S. citizens with the
Pentagon, CIA and other intelligence agencies, as long as the data is
deemed to be related to foreign intelligence. Backers say the measure
is needed to strengthen investigations into terrorism or weapons of
mass destruction.

The proposals, and other Pentagon steps aimed at improving its ability
to analyze counterterrorism intelligence collected inside the United
States, have drawn complaints from civil liberties advocates and a few
members of Congress, who say the Defense Department's push into
domestic collection is proceeding with little scrutiny by the Congress
or the public.

"We are deputizing the military to spy on law-abiding Americans in
America. This is a huge leap without even a [congressional] hearing,"
Sen. Ron Wyden (D-Ore.), a member of the Senate Select Committee on
Intelligence, said in a recent interview.

Wyden has since persuaded lawmakers to change the legislation,
attached to the fiscal 2006 intelligence authorization bill, to
address some of his concerns, but he still believes hearings should be
held. Among the changes was the elimination of a provision to let
Defense Intelligence Agency officers hide the fact that they work for
the government when they approach people who are possible sources of
intelligence in the United States.

Modifications also were made in the provision allowing the FBI to
share information with the Pentagon and CIA, requiring the approval of
the director of national intelligence, John D. Negroponte, for that to
occur, and requiring the Pentagon to make reports to Congress on the
subject. Wyden said the legislation "now strikes a much fairer balance
by protecting critical rights for our country's citizens and advancing
intelligence operations to meet our security needs."

Kate Martin, director of the Center for National Security Studies,
said the data-sharing amendment would still give the Pentagon much
greater access to the FBI's massive collection of data, including
information on citizens not connected to terrorism or espionage.

The measure, she said, "removes one of the few existing privacy
protections against the creation of secret dossiers on Americans by
government intelligence agencies." She said the Pentagon's
"intelligence agencies are quietly expanding their domestic presence
without any public debate."

Lt. Col. Chris Conway, a spokesman for the Pentagon, said that the
most senior Defense Department intelligence officials are aware of the
sensitivities related to their expanded domestic activities. At the
same time, he said, the Pentagon has to have the intelligence
necessary to protect its facilities and personnel at home and abroad.

"In the age of terrorism," Conway said, "the U.S. military and its
facilities are targets, and we have to be prepared within our
authorities to defend them before something happens."

Among the steps already taken by the Pentagon that enhanced its
domestic capabilities was the establishment after 9/11 of Northern
Command, or Northcom, in Colorado Springs, to provide military forces
to help in reacting to terrorist threats in the continental United
States. Today, Northcom's intelligence centers in Colorado and Texas
fuse reports from CIFA, the FBI and other U.S. agencies, and are
staffed by 290 intelligence analysts. That is more than the roughly
200 analysts working for the State Department's Bureau of Intelligence
and Research, and far more than those at the Department of Homeland
Security.

In addition, each of the military services has begun its own post-9/11
collection of domestic intelligence, primarily aimed at gathering data
on potential terrorist threats to bases and other military facilities
at home and abroad. For example, Eagle Eyes is a program set up by the
Air Force Office of Special Investigations, which "enlists the eyes
and ears of Air Force members and citizens in the war on terror,"
according to the program's Web site.

The Marine Corps has expanded its domestic intelligence operations and
developed internal policies in 2004 to govern oversight of the
"collection, retention and dissemination of information concerning
U.S. persons," according to a Marine Corps order approved on April 30,
2004.

The order recognizes that in the post-9/11 era, the Marine Corps
Intelligence Activity will be "increasingly required to perform
domestic missions," and as a result, "there will be increased
instances whereby Marine intelligence activities may come across
information regarding U.S. persons." Among domestic targets listed are
people in the United States who it "is reasonably believed threaten
the physical security of Defense Department employees, installations,
operations or official visitors."

Perhaps the prime illustration of the Pentagon's intelligence growth
is CIFA, which remains one of its least publicized intelligence
agencies. Neither the size of its staff, said to be more than 1,000,
nor its budget is public, said Conway, the Pentagon spokesman. The
CIFA brochure says the agency's mission is to "transform" the way
counterintelligence is done "fully utilizing 21st century tools and
resources."

One CIFA activity, threat assessments, involves using "leading edge
information technologies and data harvesting," according to a February
2004 Pentagon budget document. This involves "exploiting commercial
data" with the help of outside contractors including White Oak
Technologies Inc. of Silver Spring, and MZM Inc., a Washington-based
research organization, according to the Pentagon document.

For CIFA, counterintelligence involves not just collecting data but
also "conducting activities to protect DoD and the nation against
espionage, other intelligence activities, sabotage, assassinations,
and terrorist activities," its brochure states.

CIFA's abilities would increase considerably under the proposal being
reviewed by the White House, which was made by a presidential
commission on intelligence chaired by retired appellate court judge
Laurence H. Silberman and former senator Charles S. Robb (D-Va.). The
commission urged that CIFA be given authority to carry out domestic
criminal investigations and clandestine operations against potential
threats inside the United States.

The Silberman-Robb panel found that because the separate military
services concentrated on investigations within their areas, "no entity
views non-service-specific and department-wide investigations as its
primary responsibility." A 2003 Defense Department directive kept CIFA
from engaging in law enforcement activities such as "the
investigation, apprehension, or detention of individuals suspected or
convicted of criminal offenses against the laws of the United States."

The commission's proposal would change that, giving CIFA "new
counterespionage and law enforcement authorities," covering treason,
espionage, foreign or terrorist sabotage, and even economic espionage.
That step, the panel said, could be taken by presidential order and
Pentagon directive without congressional approval.

White House spokeswoman Dana Perino said the CIFA expansion "is being
studied at the DoD [Defense Department] level," adding that
intelligence director Negroponte would have a say in the matter. A
Pentagon spokesman said, "The [CIFA] matter is before the Hill
committees."

Sen. John W. Warner (R-Va.), chairman of the Senate Armed Services
Committee, said in a recent interview that CIFA has performed well in
the past and today has no domestic intelligence collection activities.
He was not aware of moves to enhance its authority.

The Senate Select Committee on Intelligence has not had formal
hearings on CIFA or other domestic intelligence programs, but its
staff has been briefed on some of the steps the Pentagon has already
taken. "If a member asks the chairman" -- Sen. Pat Roberts (R-Kan.) --
for hearings, "I am sure he would respond," said Bill Duhnke, the
panel's staff director.





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