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Intelligence Oversight

Intelligence Oversight. Instructor Information. Room 2105 (703) 805-3895 DSN 655-3895. References. Army Regulation 20-1, Inspector General Activities and Procedures Army Regulation 381-10, U.S. Army Intelligence Activities The Intelligence Oversight Guide. ELO.

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Intelligence Oversight

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  1. Intelligence Oversight U.S. Army Inspector General School 1

  2. Instructor Information Room 2105 (703) 805-3895 DSN 655-3895 U.S. Army Inspector General School 2

  3. References • Army Regulation 20-1, Inspector General Activities and Procedures • Army Regulation 381-10, U.S. Army Intelligence Activities • The Intelligence Oversight Guide U.S. Army Inspector General School 3

  4. ELO Enabling Learning Objectives Advance Sheets, page 10 • Describe an IG’s responsibilities for providing independent oversight of Army intelligence activities. 2. Describe the types of units and staffs involved in intelligence activities as defined in AR 381-10, Army Intelligence Activities. 3. Describe the recommended inspection methodology used by IGs to conduct Intelligence Oversight inspections as part of their command’s OIP. U.S. Army Inspector General School 4

  5. Background • During the 1960s, Army intelligence participated with other agencies in programs that aggressively collected information about U.S. citizens who were involved in the civil rights movement or who opposed the war. • Great public outcry resulted from this “Big-Brother” activity. • President Ford established some initial rules about this type of information-gathering activity in an Executive Order. • Currently, Executive Order 12333 (2008) is the Executive Order that establishes rules and procedures for collecting data on U.S. persons. U.S. Army Inspector General School 5

  6. Executive Order 12333 Implementing Documents • Department of Defense (DoD) Directive 5148.13, Intelligence Oversight, and DoD Manual 5240.01, Procedures Governing the Conduct of DoD Intelligence Activities, are the DoD implementing documents for this Executive Order. • Army Regulation 381-10, U.S. Army Intelligence Activities, is the Army’s implementing document. • The person who can answer legal questions about this regulation is your Operational Law Attorney. U.S. Army Inspector General School 6

  7. Army Regulation 381-10 Procedures • Chapter 1: General Provisions • Procedure 2: Collection of Information About U.S. Persons • Procedure 3: Retention of Information About U.S. Persons • Procedure 4: Dissemination of Information About U.S. Persons • Procedure 5: Electronic Surveillance • Procedure 6: Concealed Monitoring • Procedure 7: Physical Searches • Procedure 8: Searches and Examination of Mail • Procedure 9: Physical Surveillance • Procedure 10: Undisclosed Participation in Organizations • Procedure 11: Contracting for Goods and Services • Procedure 12: Provision of Assistance to Law Enforcement Authorities • Procedure 13: Experimentation on Human Subjects for Intelligence Purposes • Procedure 14: Employee Conduct • Procedure 15: Identifying, Investigating, and Reporting Questionable Activities • Chapter 16: Federal Crimes • Chapter 17: Support to Force Protection, Multinational Intelligence Activities, Joint Intelligence Activities, and other DoD Investigative Organizations. U.S. Army Inspector General School 7

  8. Purpose of Intelligence Oversight • Enables any Army component performing authorized intelligence functions to carry out those functions in a manner that protects the constitutional rights of U.S. persons. • Regulates particular collection techniques to obtain information for foreign intelligence or counterintelligence purposes. AR 381-10, paragraph 1-1 U.S. Army Inspector General School 8

  9. What is a U.S. Person? The term “United States person” means: (1) A United States citizen; (2) An alien known by the DoD intelligence component to be a permanent resident alien; (3) An unincorporated association substantially composed of United States citizens or permanent resident aliens; (4) A corporation incorporated in the United States that is not directed or controlled by a foreign government. A corporation or subsidiary incorporated abroad is not a U.S. person even if partially or wholly owned by a corporation incorporated in the United States. AR 381-10, Sec II, Terms U.S. Army Inspector General School 9

  10. Why is Intelligence Oversight Important to You? • Intelligence Oversight (IO) is the only required inspection for IGs (AR 20-1, para 1-4b (3a)) • IO is not a primary responsibility of the IG but rather an additional level of oversight for our intelligence components • IO inspections are compliance-oriented, but the findings do not result in adverse actions (unless criminal) U.S. Army Inspector General School 10

  11. IG Responsibilities for Intelligence Oversight ELO 1 • Army Regulation 20-1 charges all Army IGs with providing independent oversight of intelligence components within their command. • Inspect intelligence components and activities as part of the Organizational Inspection Program (OIP) to ensure compliance with Army Regulation 381-10 a minimum of once every two years • Ensure that inspected personnel are familiar with the provisions of Army Regulation 381-10 (Procedures 1 through 4 and 14) and know how to report questionable activities in accordance with Procedure 15. AR 20-1, paragraphs 1-4 b (3a) and 5-3 U.S. Army Inspector General School 11

  12. IG Responsibilities for Intelligence Oversight ELO 1 • Report any allegations against a person in a leadership position of a Special Access Program (SAP) or Sensitive Activity (SA) to SAIG-IO in two working days . • Identify, investigate, and report questionableintelligenceactivities. Reports will be routed through the Commander or IG IAW AR 381-10, paragraph 15-2, c. Procedure 15 reports are not IG records (AR 20-1, paragraph 5-3, c).Must report all questionable activities within five days from discovery to SAIG-IO • You can reach SAIG-IO at DSN 222-9716 or (703) 692-9716. U.S. Army Inspector General School 12

  13. Questionable Intelligence Activity Conduct during or related to an intelligence activity that may violate law, Executive Order, or Presidential Directive, or applicable Department of Defense or Army policy. AR 381-10, Sec II, Terms AR 381-10 is not in itself a punitive regulation. However, people can be subject to punishment for violations of other policies or law that are reportable under AR 381-10. Field IGs do not typically investigate QIAs. Call SAIG-IO for guidance on courses of action to take and how to handle evidence provided to your office. U.S. Army Inspector General School 13

  14. Procedure 15 Applies to . . . • Intelligence Components or Activities • Any organization, staff, or office used for foreign intelligence or counterintelligence purposes AR 381-10, para 1-1 U.S. Army Inspector General School 14

  15. Intelligence Components What are they? ELO 2 Some Examples: • Installation, organization, or facility security offices when carrying out intelligence activities. • Military intelligence units. • G-2 or S-2 sections. • U.S. Army Intelligence Center and other organizations conducting intelligence training. • Intelligence systems developers when testing systems. • Contractors of any Army entity when conducting intelligence activities. • Any other Army entity when conducting intelligence activities. AR 381-10, paragraph 1-1 U.S. Army Inspector General School 15

  16. Procedure 15 Does not apply to . . . • Unit administrative activities – social rosters, Noncombatant Evacuation Operations (NEO) packets, etc. • Civil disturbance activities • Law-enforcement activities • Criminal intelligence activities of the Provost Marshal and the CID Command U.S. Army Inspector General School 16

  17. Intelligence Oversight Inspection Methodology ELO 3 • Identify your command’s intelligence components • Involve your local Staff Judge Advocate • Request a briefing from these intelligence components on their program to comply with AR 381-10. • Does the unit or activity have a copy of AR 381-10 and appropriate SOPs on hand? • Examine training records to determine if personnel are receiving training on AR 381-10. • Quiz unit or activity members on AR 381-10 using scenarios. (See The Intelligence Oversight Guide, Appendix F) U.S. Army Inspector General School 17

  18. Intelligence Oversight Inspection Methodology (continued) ELO 3 • Review unit procedures for handling all intelligence information. • Physically check the intelligence files for U.S. person information. • Check the unit or activity's annual review of intelligence files. • Pay particular attention to files pertaining to support given to law-enforcement activities. • Determine if the unit or activity knows about Procedure 15 and how to report a questionable activity. The Intelligence Oversight Guide, pages 2-1 to 2-6 U.S. Army Inspector General School 18

  19. Summary ELO 1: Describe an IG’s responsibilities for providing independent oversight to intelligence activities ELO 2: Describe the types of units and staffs involved in intelligence activities ELO 3: Describe the recommended Inspection Methodology to conduct IO inspections U.S. Army Inspector General School 19

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