Intelligence Oversight Inspection Methodology Step 1

Identify your command's intelligence components

Intelligence Oversight Inspection Methodology Step 2

Involve your local Staff Judge Advocate

Intelligence Oversight Inspection Methodology Step 3

Request a briefing from these intelligence components on their program to comply with AR 381-10

Intelligence Oversight Inspection Methodology Step 4

Answer: Does the unit or activity have a copy of AR 381-10 and appropriate SOPs on hand?

Intelligence Oversight Inspection Methodology Step 5

Examine training records to determine if personnel are receiving training on AR 381-10

Intelligence Oversight Inspection Methodology Step 6

Quiz unit or activity members on AR 381-10 using scenarios

Intelligence Oversight Inspection Methodology Step 7

Review unit procedures for handling all intelligence information

Intelligence Oversight Inspection Methodology Step 8

Physically check the intelligence files for U.S. person information

Intelligence Oversight Inspection Methodology Step 9

Check the unit or activity's annual review of intelligence files

Intelligence Oversight Inspection Methodology Step 10

Pay particular attention to files pertaining to support given to law-enforcement activities

Intelligence Oversight Inspection Methodology Step 11

Determine if the unit or activity knows about Procedure 15 and how to report a questionable activity

Inspect intelligence components and activities as part of the Organizational Inspection Program (OIP) to...

ensure compliance with Army Regulation 381-10

Report any questionable activities within _____ to _____ in accordance with ______

five days, SAIG-IO, Procedure 15

Ensure that inspected personnel are familiar with the provisions of ______ and know how to report questionable activities in accordance with _____.

Army Regulation 381-10 (Procedures 1 through 4 and 14), Procedure 15

US Army Intelligence Activities Regulation

AR 381-10

Why was the intelligence oversight program created?

1. Ensures that all tasks performed by intel, counter-intel, and intel-related activities occur per federal law, Executive orders, DoD directives, regulations, and policies

2. Provided intel professionals guidelines to perform their mission consistent with the rights guaranteed to all US persons by the constitution

Governing documents pertaining to Intel oversight?

1. EO 12333: Provides guidelines for the actions of intelligence agencies.
2. DoD Directive 5148.11: Defines the responsibilities and authority of the Assistant to the Secretary of Defence (ATSD) for intelligence oversight
3. DoD Directive 5240.01: Implements the requirement in EO 12333 for the IC
4. Regulation 5240.1-R: Procedures for DoD intel components that affect US persons
5. SECNAVINST 3820.3E: Provides direction for the oversight of intel activities with the Department of the Navy

EO 12333

Signed by President Reagin in 1981

Lays out the roles for various intelligence agencies to include DoD, DoE, Treasury Dept., and State Dept

Provides guidelines for the actions of intelligence agencies

DoD Directive 5240.01

Implements the requirement in EO 12333 that Intelligence Community elements establish procedures, approved by the Attorney General, after consultation with the Director of National Intelligence, governing the collection, retention, and dissemination of information concerning U.S. persons.

Questionable Intel Activities

Intel that may violate Federal Law, such as EO 12333

The improper collection, retention, or dissemination of U.S. person information such as gathering information about U.S. domestic groups not connected with a foreign power or international terrorism

US Person Defined

1. US Citizens
2. Lawful Permanent Residents
3. Certain Unincorporated Associations
4. Corporations incorporated in the US

Purpose of the Intelligence Oversight Program

Ensure all intelligence collection and activities are conducted in accordance with Federal Law, EOs, DoD directives, regulations and policies.

EO That Governs Intelligence Oversight

EO 12333

Manual that Governs Intel Oversight Reporting and Training Requirements Within DoN

SECNAVINST 3320.3

Questionable Intelligence Activities

Any activity that may violate Federal Law, EOs, DoN policy, etc.
I.E. Collecting on U.S. Persons.

Special Activities

Activities conducted in support of national foreign policy objectives abroad that are executed so the role of the U.S. gov't is not apparent or acknowledged.

US Person

1. A citizen of the US
2. An alien lawfully admitted for permanent residence
3. A corporation that is incorporated in the US.

USSID SP0018

Approval of the US Foreign Intel Surveillance Court, Attorney General, or approval of DIRNSA/CHCSS

USSID SP0018 Annex A

Certification from Attorney General or court order

Requirements for Raw Traffic Database Auditing

Any SIGINT system that offers a significant risk of violating the privacy rights of citizens requires active auditing.

What is the act of Congress that prescribes procedures for physical and electronic surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers?

FOREIGN INTEL SURVEILLANCE ACT (FISA)

A ________ is considered an individual or organization that is entitled to protection from intelligence pos, specifically unwarranted collection, retention, and dissemination of info?

US Person

T/F: It is okay to provide surveillance in the US if its in support of local law enforcement or National Guard units responding to the unrest with the proper permission.

True

T/F: It is okay to provide surveillance in the US if YOU believe it is necessary

False

Who are your Intelligence Oversight POC's in the 42nd IS?

Capt Polk & SSgt Krasinski

List three options you have to report IO violations to

I.O. Monitor / Alternate
AFRC or DOD General Counsel
ATSD(IO)
IG: UNIT - NAF - AFRC - AF
AFRC IG: DSN 497-1493
Supervisory chain or chain of command

goals of EO 12333

intelligence effort to provide the President, National Security Counsil, and Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of the US national interests from foreign security threats

special emphasis should be given to detecting and countering:

espionage and other threats/activites directed by foreign powers against the US, threats to US from terrorism, and threats to the US from weapons of mass destruction

purpose of the National Security Concil (NSC)

shall act as the highest ranking executive branch entity that provides support to the President for the review of, guidance for, and direction to the conduct of all foreign intelligence, counter-intelligence, and covert action, and attendance policies and programs

Director of National Intelliegnce

shall serve as the head of the Intelligence Community, act as the principal adviser to the President, NSC, and to the Homeland Security Council for intelligence matters related to national security, and shall oversee and direct the National Intelligence Program budget

Director of the National Security Agency

designated the Functional Manager for signals intelligence

Director of the Central Intelligence Agency

designated the Functional Manager for human intelligence

Director of the National Geospatial-Intelligence Agency

designated the Functional Maanger for geospatial intelligence

goals of the Intelligence Community

collect information concerning, and conduct activities to protect against, international terrorism, proliferation of weapons of mass descruction, intelligence activites directed against the US, international criminal drug activites, and other hostile activities directed against the US by foreign powers, organizations, persons, and their agents

duties and responsibilities of the Heads of Executive Branch Departments and Agencies

-shall provide the Director access to all information and intelligence relevant to national security or that otherwise is required for the performance of the director's duties
-provide all programmatic and budgetary information necessary to support the Director in developing the National Intelligence Program

duties and responsibilities of the Heads of Elements of the Intelligence Community

-shall provide the Director access to all information and intelligence relevant to national security or that otherwise is required for the performance of the director's duties
-report to the Attorney General possible violationsof federal criminal laws by employees
-report to the Intelligence Oversight Board concerning any intelligence activities that may be unlawful or contrary to executive orders
-protect intelligence and intelligence sources, methods, and activities from unauthorized disclosure

Director of the Central Intelligence Agency shall:

-collect, analyze, produce, and disseminate foreign intelligence and counterintelligence
-conduct counterintelligence activities without assuming or performing any internal security functions within the US
-conduct covert action activities approved by the President (no other agency may conduct covert actions unless the President determines that another agnecy is more likely to achieve a particlar objective)
-conduct foreign inteligence liaison relationships with intelligence or security services of foreign governments

Director of the Defense Intelligence Agency shall:

-collect, analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions
-collect, analyze, produce, and provide defense and defense-related intelligence to the SecDef, Chairman of the Joint Chiefs of Staff, combat commanders, other defense components, and non-defense agencies
-conduct foreign defense intelligence liaison relationships and defense intelligence exchange programs with foreign defense establishments

Director of the National Security Agency shall:

-collect, process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental mission
-establish and operate an effective unified organization for signals intelligence activities (no other agency may engage in signals intelligence activities)
-control signals inteliigence collection and processing activities
-provide signals intelligence support for national and departmental requirements and for the conduct military operations

Director of the National Reconnaissance Office shall:

-be responsible for research and development, aquisition, launch, deployment, and operation of overhead systems and related data processing facilties to collect intelligence and information to support national and departmental missions

Director of the National Geospatial-Intelligence Agency shall:

Oversight of the IC had to be shared with

Congress

The Church Committee became the

Senate Select Committee on intelligence

Pike Committe became the

house permant select committee on intelligence

Senate Intel committee has

15 memebers of which 8 (including thc hair) are from the majority party

Pike intel committee has

a varing number of members, usually totaling over 20

Both committees employ several dozen committee staff known informally as

staffers

What is the job of the committes?

To review copious amounts of written material from all members of the IC

Who conducts the daily overisght of the activites of the IC

Church Committee and Pike Committe and not the members of congress

On issues that require immediate attention what do they do?

alert committee members on the issues.

Unlike other members of congress, intel committee members can

access sources and methods information

If infor is deemed too senstitve, the president has the right to

Restict access to the committee chair and vice chair

The president is still obligated to

provide a broad description to the remianing committee members

1947 National Security act

permits the president to severily limit congressional access to covert action information

How is the presidents power limited

By sharing it only with the congressional leadership and two ranking memebers of each intel committee.

The gang of 8

information is shared with no more than 8 members of congress

Congress constantly attempts to limit

the presidents use of gang of 8 notification

Intel agencies are hesistant to disclose

operational infomation to congress

Agencies try to share very limited information on

covert operations with congress

Members of congress

do not need to have to have security clearances to be briefed

The law states that

congress must be kept fully informed of signigicant intelligence activites

National Security Council

Chaired by the president. Oversees intel operations, analyses and major findings

Presidents intelligence adivsory board (PIAB)

Has 16 members and they are appointed by the president

Privacy and Civil Liberties Oversight Board (PCLOB)

Also appointed by the president

Ensuring that counterterrorism operations do not negativley impact the civil liberites of Americans

PCLOB

Office of Management and Budget (OMB)

Ensures the IC budgetry priorities reflect presidential directives