Secret Unit Expands Rumsfeld's Domain

In pursuit of those aims, Rumsfeld is laying claim to greater independence of action as Congress seeks to subordinate the 15 U.S. intelligence departments and agencies -- most under Rumsfeld's control -- to the newly created and still unfilled position of national intelligence director. For months, Rumsfeld opposed the intelligence reorganization bill that created the position. He withdrew his objections late last year after House Republican leaders inserted language that he interprets as preserving much of the department's autonomy.

Lt. Gen. William G. Boykin, deputy undersecretary for intelligence, acknowledged that Rumsfeld intends to direct some missions previously undertaken by the CIA. He added that it is wrong to make "an assumption that what the secretary is trying to say is, 'Get the CIA out of this business, and we'll take it.' I don't interpret it that way at all."

"The secretary actually has more responsibility to collect intelligence for the national foreign intelligence program . . . than does the CIA director," Boykin said. "That's why you hear all this information being published about the secretary having 80 percent of the [intelligence] budget. Well, yeah, but he has 80 percent of the responsibility for collection, as well."

CIA spokeswoman Anya Guilsher said the agency would grant no interviews for this article.

Pentagon officials emphasized their intention to remain accountable to Congress, but they also asserted that defense intelligence missions are subject to fewer legal constraints than Rumsfeld's predecessors believed. That assertion involves new interpretations of Title 10 of the U.S. Code, which governs the armed services, and Title 50, which governs, among other things, foreign intelligence.

Under Title 10, for example, the Defense Department must report to Congress all "deployment orders," or formal instructions from the Joint Chiefs of Staff to position U.S. forces for combat. But guidelines issued this month by Undersecretary for Intelligence Stephen A. Cambone state that special operations forces may "conduct clandestine HUMINT operations . . . before publication" of a deployment order, rendering notification unnecessary. Pentagon lawyers also define the "war on terror" as ongoing, indefinite and global in scope. That analysis effectively discards the limitation of the defense secretary's war powers to times and places of imminent combat.

Under Title 50, all departments of the executive branch are obliged to keep Congress "fully and currently informed of all intelligence activities." The law exempts "traditional . . . military activities" and their "routine support." Advisers said Rumsfeld, after requesting a fresh legal review by the Pentagon's general counsel, interprets "traditional" and "routine" more expansively than his predecessors.

"Operations the CIA runs have one set of restrictions and oversight, and the military has another," said a Republican member of Congress with a substantial role in national security oversight, declining to speak publicly against political allies. "It sounds like there's an angle here of, 'Let's get around having any oversight by having the military do something that normally the [CIA] does, and not tell anybody.' That immediately raises all kinds of red flags for me. Why aren't they telling us?"

The enumeration by Myers of "emerging target countries" for clandestine intelligence work illustrates the breadth of the Pentagon's new concept. All those named, save Somalia, have allied themselves with the United States -- if unevenly -- against al Qaeda and its jihadist allies.

A high-ranking official with direct responsibility for the initiative, declining to speak on the record about espionage in friendly nations, said the Defense Department sometimes has to work undetected inside "a country that we're not at war with, if you will, a country that maybe has ungoverned spaces, or a country that is tacitly allowing some kind of threatening activity to go on."

Assistant Secretary of Defense Thomas O'Connell, who oversees special operations policy, said Rumsfeld has discarded the "hide-bound way of thinking" and "risk-averse mentalities" of previous Pentagon officials under every president since Gerald R. Ford.

"Many of the restrictions imposed on the Defense Department were imposed by tradition, by legislation, and by interpretations of various leaders and legal advisors," O'Connell said in a written reply to follow-up questions. "The interpretations take on the force of law and may preclude activities that are legal. In my view, many of the authorities inherent to [the Defense Department] . . . were winnowed away over the years."