Intelligence Oversight
Dcook-tulane.edu
JointIGCourseDoDSIOO_20160901.pptDepartment of Defense
Senior Intelligence Oversight Official
The DoD Intelligence Oversight Program
A Department Level Perspective
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
Enabling Learning Objectives (ELOs)
- Identify the key directives guiding intelligence oversight.
- Describe the Defense components to which the IO Program applies.
- Describe the Joint IG’s responsibilities for providing independent oversight of intelligence activities.
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
Enabling Learning Objectives (ELOs)
- Identify the reporting requirements for:
Questionable Intelligence Activities (QIAs)
Significant/Highly Sensitive Matters (S/HSMs)
- Describe the inspection methodology used by the DoD SIOO as a model for Joint IG IO inspections
- Define: U.S. Person Defense Intelligence Component
Questionable Intelligence Activity
Significant/Highly Sensitive Matter
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
AGENDA
- Intelligence Oversight “Why We Have It”
- The OSD IO Community
The Players, Relationships, and Regulations
- Essentials for Successful IO Programs
What an IO Program Is…and Isn’t
Roles and Responsibilities
- Inspection Techniques and Trends
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
A Brief Historic Overview
DoD SIOO
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Background
“Why We Have It”
VIETNAM ERA
ANTI-WAR MOVEMENT
CONGRESSIONAL HEARINGS
PROJECT SHAMROCK
PROJECT MINARET
Senator Frank Church
Representative Otis Pike
CIVIL RIGHTS MOVEMENT
Intelligence Oversight
August 1945 -Army Signals Security Agency approaches commercial telegraph companies for post-war access to foreign governmental traffic
August 1945 to May 1975 - U.S. intelligence obtained copies of international telegrams sent to, from, or through U.S. under SHAMROCK
Early 1960s - 1973 Development of watch lists and the inclusion of names of American citizens
NSA intercepts and disseminates international communications of selected American citizens and groups on based on lists of names supplied by other Government agencies
1969: NSA establishes MINARET to control information collected on American citizens and groups involved in civil disturbances
By early 1973 - 600 American names and 6,000 foreign names on the watch lists
1973: NSA Director increasingly concerned about Project MINARET
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
“Army surveillance of civilians … in the 1960’s was both massive and unrestrained … over 1,500 plainclothes agents.”
“… not so much a conscious effort to subvert the freedoms … a classic example of a burgeoning bureaucracy going out of control …”
PIKE COMMITTEE REPORT
CHURCH COMMITTEE REPORT
Intelligence Oversight
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
DoD Joint IG Course - Class R-15-01
BACKGROUND
“Why We Have It”
VIETNAM ERA
ANTI-WAR MOVEMENT
CONGRESSIONAL HEARINGS
PROJECT SHAMROCK
PROJECT MINARET
Senator Frank Church
Representative Otis Pike
CIVIL RIGHTS MOVEMENT
EXECUTIVE ORDERS
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
BACKGROUND
EXECUTIVE ORDER 12333
PRESIDENT REAGAN SIGNED E.O.12333 IN 1981
VALIDATED BY SUBSEQUENT ADMINISTRATIONS
UPDATED IN 2008 AND STILL CURRENT
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
INTELLIGENCE OVERSIGHT
The purpose of the Intelligence Oversight program is:
to enable DoD intelligence components to effectively carry out their appropriately authorized functions…
while ensuring their activities that affect U.S. persons are carried out in a manner that protects the constitutional rights and privacy of such persons.
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
The Intelligence Oversight
Community and Regulations
DoD SIOO
Intelligence Oversight
Instructor Notes:
Specifically how is intelligence oversight conducted within the Department of Defense community?
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
OSD Intelligence Oversight
DoD SIOO
DoD IG
USD(I)
DoD GC
SecDef
DepSecDef
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
DoD Intelligence Components
SERVICES
U.S. ARMY
U.S. NAVY & USMC
U.S. AIR FORCE
CCMDs
NORTHCOM
SOUTHCOM
EUCOM
CENTCOM
PACOM
AFRICOM
SOCOM
STRATCOM
TRANSCOM
AGENCIES
NSA
DIA
NGA
NRO
NATIONAL GUARD
ARMY NATIONAL GUARD
AIR NATIONAL GUARD
Other organizations, staffs, and offices when used for intelligence or CI activities to which Part 2 of E.O. 12333 applies.
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
Key Orders, Directives,
and Regulations
- Executive Order 12333
- DoD Directive 5240.01
- DoD Manual 5240.01 + DTM 08-052
(DoD 5240.1-R remains in effect for Procedures 11-15)
- DoD Directive 5148.11 (to be replaced by DoDI 5148.11)
- Joint Staff Regulation CJCSI 5901.01C
- Combatant Command Policies and Regulations
- Service and Agency Regulations
- AR 381-10 - DIAD 5240.200
- SECNAV Instruction 3820.3E - NGA Instruction NI 8900.4R5
- SECNAV Instruction 5000.34 - NSA 1-23
- MCO 3800.2 -AF Instruction 14-104
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
DoDM 5240.01
Content Fundamentals
DoD SIOO
Intelligence Oversight
Instructor Notes:
Specifically how is intelligence oversight conducted within the Department of Defense community?
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
DODM 5240.01
THE PROCEDURES
1. APPLICABILITY: ALL PERSONNEL CONDUCTING INTELLIGENCE ACTIVITIES UNDER DOD AUTHORITIES
2. COLLECTION
3. RETENTION
4. DISSEMINATION
RULES FOR HANDLING
IDENTIFYING INFORMATION ABOUT
U.S. PERSONS
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
PROCEDURE ONE:
SCOPE
DOES NOT APPLY TO:
Law Enforcement of Civil Disturbance Activities
Defense Support to Civil Authorities
Humanitarian Assistance
Disaster Readiness, Response, and Recovery
Environmental and Security Vulnerability Studies
Mapping, Charting, and Geodesic Missions
National Manager for National Security Systems Activities
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
U.S. PERSON
“Who…or What…Are They?”
A. A U.S. CITIZEN
B. An Alien Known by a Defense Intelligence Component to be a PERMANENT RESIDENT ALIEN
C. An UNINCORPORATED ASSOCIATION Substantially Composed Of U.S. Citizens Or Permanent Resident Aliens
D. A CORPORATION INCORPORATED IN THE U.S Except For A Corporation Directed And Controlled By a Foreign Government Or Governments
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
PROCEDURE TWO: Collection of Information Concerning US Persons
Information that identifies a United States person may be collected by a DoD intelligence component …
only if the USPI is necessary for the performance of an authorized intelligence mission
and only if the USPI falls within one of the following categories:
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
PROCEDURE TWO: Collection
1. Publicly Available Information
2. Information Obtained with Consent
3. Foreign Intelligence
4. Counterintelligence
5. Threats to Safety
6. Protection of Intelligence Sources, Methods, and Activities
7. Current, Former, or Potential Sources of Assistance
8. Persons in Contact with Sources or Potential Sources
9. Personnel Security
10. Physical Security
11. Communications Security Investigation
12. Overhead and Airborne Reconnaissance
13. Administrative purposes
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
PROCEDURES THREE and FOUR: Retention and Dissemination
Information that identifies a United States person may be retained by a DoD intelligence component if collected IAW Procedure 2.
Information that identifies a United States person may be disseminated without consent only:
- If the information is publicly available
- When collected and retained IAW Procedures 2 and 3
- When the recipient is reasonably believed to need the information to perform a governmental function and is:
Element of the Intelligence Community
DoD Element or Contractor
Other Federal Government Entity
State, Local, Tribal, or Territorial Government
Foreign Government or International Organization Pursuant to Agreement
Assistance to the Component
Protective Purposes (e.g., safety and security of persons or property)
Required Dissemination (e.g., statute, treaty, PD, MOU, court order)
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
5-9. INTRUSIVE COLLECTION TECHNIQUES
Electronic Surveillance
Concealed Monitoring
Physical Searches
Searches and Examination of Mail
Physical Surveillance
10. UNDISCLOSED PARTICIPATION IN ORGANIZATIONS
DODM 5240.01
Other Procedures
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
11. CONTRACTING FOR GOODS AND SERVICES
12. ASSISTANCE TO LAW ENFORCEMENT
13. EXPERIMENTATION ON HUMAN SUBJECTS FOR INTELLIGENCE PURPOSES
Other Procedures
(DoD 5240.1-R)
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
Other Procedures
(DoD 5240.1-R)
14. EMPLOYEE CONDUCT
Employee Training
Employee Responsibility to Conduct Activities IAW Applicable Regulations
IG Inspection Responsibilities
Oversight Responsibilities of Intelligence Component Leaders
15. QUESTIONABLE INTELLIGENCE ACTIVITIES
Identification of Reportable Activities
Reporting Responsibilities
Investigative Responsibilities
Questionable Activities Frequently Involve
More Than U.S. Person Issues
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
Programs
DoD SIOO
Intelligence Oversight
Instructor Notes:
Specifically how is intelligence oversight conducted within the Department of Defense community?
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Intelligence Oversight Programs
More Than a Three Ring Binder
Training
Tailored Content and Presentation Format
Records Management
Day to Day Command and Control
IO incorporated in planning and execution
Legal review of proposals, plans, and executions
Independent Assessment
Assessment from the outside looking in – Generally the IG
Response Mechanism
Internal and External Reporting systems and processes
Timely and Thorough Command Inquiry
Appropriate Corrective Action
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Shared Responsibility
Intelligence Oversight
Instructor Notes:
The implementation of intelligence oversight is a shared responsibility.
- First Animation: The commander has ultimate responsibility for the program. He/she sets the moral tone for the command environment. Top command awareness and involvement is essential.
- Second Animation: The command IG must be involved; IG must be aware of the IO program requirements and be sure there is a mechanism for program review.
- Third Animation: The Command legal counsel (also known as the Judge Advocate General or Staff Judge Advocate or General Counsel) must be attuned to the IO program requirements and must be available for program guidance.
- Fourth Animation: Intelligence personnel are the first line of defense.
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Roles and Responsibilities
Commanders or Directors:
- Support an active program
- Designate appropriate oversight officials
- Provide for appropriate training
- Provide reprisal protection for persons reporting questionable activities
- Implement correct action to address substantiated allegations
Intelligence Oversight
Instructor Notes:
- Commanders and Directors are responsible for everything their organizations do or fail to do. They are responsible for:
- Ensuring there is an active program
- Designating appropriate officials to carry out IO activities
- Ensuring the appropriate training is being conducted
- Providing protection from reprisal or adverse action against those reporting questionable intelligence activities
- Investigating and correcting any substantiated allegations
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Roles and
Responsibilities, cont.
JAGs and GCs are responsible for:
Initial legal review of intelligence activities and plans
Continued monitoring of intelligence activities’ legality
Cross talk with IGs as appropriate
Intelligence Oversight
Instructor Notes:
IO officers are generally not qualified or empowered to render legal opinions. The command’s legal advisor (whether Judge Advocate General or Staff Judge Advocate or General Counsel) should review the plans AND the continuing conduct of command intelligence activities for legality.
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Roles and
Responsibilities, cont.
Intelligence personnel
The first line of defense
Know the standards and comply
Willingly and actively serve as IOO’s and participants in day-to-day control and execution of intelligence activities
Report any:
Questionable Intelligence Activities
Significant or Highly Sensitive Matters
Intelligence Oversight
Instructor Notes:
- Military intelligence professionals (employees) are the first line of defense.
- They must know the standards and how to comply with them.
- They should be first person to raise awareness of any inappropriate practices or suggestions.
- They are the basis of the reporting chain. Whether that reporting chain runs through command channels, through an independent IG’s office or a Judge Advocate General, or straight and directly to OSD, it doesn’t matter as long as it is reported.
- The issue is policing the intelligence community, getting issues on the table for resolution so that when questions are asked, we do not put at risk the very precious assets that we have been given to prosecute the nation’s business because of misconduct.
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Roles and
Responsibilities, cont.
DoD SIOO and GC DoD
- Develop IO Policy and issue guidance
Inspect and provide Department-level legal review of intelligence activities and plans
Monitor progress and review findings of inquiries and investigations
Inform and advise OSD Officials and report to the President’s Intelligence Oversight Board and DNI
Intelligence Oversight
Instructor Notes:
- At the OSD level, the ATSD(IO) conducts IO inspections at select locations and is responsible for:
- Monitoring inquiries into questionable intelligence activities
- Reviewing inquiry findings for completion to ensure that all the appropriate questions have been asked and answered
- Informing and advising the appropriate OSD officials
- Reporting to the Executive Branch (President’s Intelligence Oversight Board) and Congress
- Reporting timeline depends on the severity of the offense. Serious offenses are reported immediately. Generally, however, reports are provided to the President’s Intelligence Oversight Board quarterly and to Congress annually.
- IO policies and regulations were briefly mentioned in the history and background presented earlier. Now, we will take a closer look at these documents.
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
Reporting
Intelligence Oversight
Instructor Notes:
Specifically how is intelligence oversight conducted within the Department of Defense community?
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
PROCEDURE 15: IDENTIFYING, INVESTIGATING, AND REPORTING QUESTIONABLE ACTIVITIES
- COMMANDERS AND LEADERS
- EMPLOYEES
- INSPECTORS GENERAL
- JAGs and GCs
- GC DoD and DoD SIOO
Responsibility is Shared By:
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Intelligence Oversight Reporting
Questionable Intelligence Activities (QIA)
Immediate and Quarterly Reporting
Significant or Highly Sensitive Matters (S/HSM)
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
A QUESTIONABLE INTELLIGENCE ACTIVITY
IS ONE THAT MAY VIOLATE:
- Law
- Executive Order
- Presidential Directive
- Intelligence Community Directive
- DoD Policy
- Service, Agency, or Command Policy or Regulation
…and is Incident to an Intelligence or Intelligence-
Related Activity or misuse of an intelligence authority
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
SIGNIFICANT OR HIGHLY SENSITIVE MATTER
- Impugn the Reputation or Integrity of the DoD IC
- Call Into Question the Propriety of an Intelligence Activity
- Activity Involving Congressional Inquiries or Investigations
- Activity That May Result in Adverse Media Coverage
- Activity That May Impact on Foreign Relations or Foreign Partners
- Activity Related to Unauthorized Disclosure of Classified or Protected Information
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
REPORTABLE ISSUES
Questionable Intelligence Activities (QIA)
Report Quarterly
Significant or Highly Sensitive Matters (S/HSM)
Report Immediately
Crimes Reported to the Attorney General
Congressional Testimony, Notifications, Reports, or Briefings
Individual Members of Congress
Congressional Committees
Members of the Congressional Staff
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
IO Inspection
Program
DoD SIOO
Intelligence Oversight
Instructor Notes:
Specifically how is intelligence oversight conducted within the Department of Defense community?
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Attributes of the Best IO Programs
- Command and Leader Involvement
- Identified Responsibilities and Standards
- Formally Designated IO Officials
- Training – EARLY, OFTEN, CREATIVE
- Tailored to the Organization and Mission
- Active Part of all Operational Planning and Execution
- Active SJA/GC Involvement
- QIA and S/HSM Reporting
- Timeliness
- Prompt and Appropriate Investigation and Corrective Action
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Objectives
- Assess compliance with laws & policy
- Identify potential or emerging areas of concern affecting the Component and/or Defense Intelligence Enterprise
- Identify and promulgate best practices
- Improve DoD intelligence oversight policy and processes
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Process
- Policy
- Checklist
- Schedule
- Preparation
- Execution
- Follow-up
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Process
- Policy
- Checklist
- Schedule
- Preparation
- Execution
- Follow-up
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Policy
- DoDD 5148.11, “Assistant to the Secretary of Defense for Intelligence Oversight,” April 24, 2013
- New DoD Instruction 5148.11, “Intelligence Oversight,” TBD
- All other policies governing intelligence, counterintelligence, and intelligence-related activities
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Process
- Policy
- Checklist
- Schedule
- Preparation
- Execution
- Follow-up
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
- General (DoDD 5240.01, DoDM 5240.01)
- Functional
- HUMINT
- SIGINT
- MASINT
- CI
- GEOINT
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Process
- Policy
- Checklist
- Schedule
- Preparation
- Execution
- Follow-up
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Schedule
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Process
- Policy
- Checklist
- Schedule
- Preparation
- Execution
- Follow-up
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Preparation
- Notification Memo (POC, SIIs)
- Read-Ahead Documents
- Implementing Guidance
- SOPs
- Training POI
- Mission Brief
- Previous Inspection Reports
- QIAs
- SMEs
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Special Interest Items
- Intelligence and intelligence-related ACCMs and SAPs
- Command processes to assess Service Component compliance with laws and policy governing the conduct of intelligence activities
- Command processes for collecting and handling USPI in support of information operations
- Command processes to evaluate for permanent retention USPI
- Use of cover to facilitate open source collection
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Process
- Policy
- Checklist
- Schedule
- Preparation
- Execution
- Follow-up
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Execution
- 30-day review
- 1-5 inspectors from DoD SIOO, OUSD(I), others
- 1-3 day site visit at HHQ and other locations
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Report
Report findings, recommendations, observations, and best practices to SECDEF and Component Head (approximately 60 days after site visit)
- Identify Areas for Improvement and Best Practices
- Note Areas for DoD Policy and SIOO Support Improvement
- No Surprises
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Process
- Policy
- Checklist
- Schedule
- Preparation
- Execution
- Follow-up
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Follow-up
- DoD SIOO works with Component to resolve discrepancies – continuous support
- Identify trends for senior leader insight
- Special Interest Items
- Incorporate policy improvement suggestions during revision cycle
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Inspection Methodology
Continuous Engagement
- Staff Assistance Visits
- Ride-Along’s
- Limited notice inspections
- Investigations
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
What We Are Seeing
A Generally Compliant Community
NON-COMPLIANCE MOSTLY INADVERTENT
Unjustifiable Files on Domestic Groups
U.S. Person Data Improperly Included in Products
Inappropriate Maneuver Commander Taskings
Inappropriate Open Source Netsurfing
OCCASIONAL INTENTIONAL NON-COMPLIANCE
Willful Disregard of Regulations for a Perceived Greater Good
Contractor Misconduct
Employment of Unauthorized Source Nets
Misuse of Intelligence Resources for Personal Gain
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
Past Problem Areas
Operators get trained, leaders don’t
Lack of familiarity with regulations
Intelligence collection and production actions get ahead of authorities and approvals
IO (Intelligence Oversight) and IO (Information Operations) processes blur
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
ELO Review
- Identify the key directives guiding IO.
- Describe the Defense Intelligence Components
- Describe the Joint IG’s responsibilities for providing independent oversight of intelligence activities.
E.O. 12333 -- The Presidential Order
DoDD 5240.1 -- The DoD Implementing Policy
DoDM 5240.01 -- The DoD Guidelines
Commanders - Enforce Standards, Train, Report, Inquire, Correct
IC Professionals – Comply with Standards, Report
Inspectors General – Inspection and Oversight, Report, Inquire
Legal Advisors - Legal Review, Report
DoD SIOO & DoD GC – Oversight, Review, Report
All DoD organizations that perform foreign intelligence or counterintelligence
Missions or functions
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
ELO Review
- Identify the reporting procedures for QIAs and S/HSMs.
- Describe the inspection methodology used by the DoD SIOO as a model for Joint IG’s IO inspections.
- Define the following:
Governed by Procedure 15, DoD 5240.1-R and DTM 08-052
Report QIAs Quarterly
Report S/HSMs Immediately
Policy
Checklist
Schedule
Preparation
Execution
Follow-up
U.S. Person
Questionable Intelligence Activity
Significant/Highly Sensitive Matter
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
U.S. PERSON
“Who…or What…Are They?”
A. A U.S. CITIZEN
B. An Alien Known by a Defense Intelligence Component to be a PERMANENT RESIDENT ALIEN
C. An UNINCORPORATED ASSOCIATION Substantially Composed Of U.S. Citizens Or Permanent Resident Aliens
D. A CORPORATION INCORPORATED IN THE U.S Except For A Corporation Directed And Controlled By a Foreign Government Or Governments
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
ELO Review
- Identify the reporting procedures for QIAs and S/HSMs.
- Describe the inspection methodology used by the DoD SIOO as a model for Joint IG’s IO inspections.
- Define the following:
Governed by Procedure 15, DoD 5240.1-R and DTM 08-052
Report QIAs Quarterly
Report S/HSMs Immediately
Policy
Checklist
Schedule
Preparation
Execution
Follow-up
U.S. Person
Questionable Intelligence Activity
Significant/Highly Sensitive Matter
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
A QUESTIONABLE INTELLIGENCE ACTIVITY
IS ONE THAT MAY VIOLATE:
- Law
- Executive Order
- Presidential Directive
- Intelligence Community Directive
- DoD Policy
- Service, Agency, or Command Policy or Regulation
…and is Incident to an Intelligence or Intelligence-
Related Activity or misuse of an intelligence authority
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
ELO Review
- Identify the reporting procedures for QIAs and S/HSMs.
- Describe the inspection methodology used by the DoD SIOO as a model for Joint IG’s IO inspections.
- Define the following:
Governed by Procedure 15, DoD 5240.1-R and DTM 08-052
Report QIAs Quarterly
Report S/HSMs Immediately
Policy
Checklist
Schedule
Preparation
Execution
Follow-up
U.S. Person
Questionable Intelligence Activity
Significant/Highly Sensitive Matter
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
SIGNIFICANT OR HIGHLY SENSITIVE MATTER
- Impugn the Reputation or Integrity of the DoD IC
- Call Into Question the Propriety of an Intelligence Activity
- Activity Involving Congressional Inquiries or Investigations
- Activity That May Result in Adverse Media Coverage
- Activity That May Impact on Foreign Relations or Foreign Partners
- Activity Related to Unauthorized Disclosure of Classified or Protected Information
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
*
“What’s It All About?”
A Summation in Four Bullets
Command, Control, and Supervision of
Intelligence Activities
Rules for Governing the Professional
Conduct of Intelligence Professionals
A Program to Protect Privacy and Civil Liberties
A System of Ethics and Accountability
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
http://dodsioo.defense.gov/
SIOO
Points of Contact
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
QUESTIONS?
Intelligence Oversight
*
DoD Joint IG Course - Class R-15-01
Intelligence Oversight
DoD Joint IG Course - Class R-15-01
