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UNCLASSIFIED Intelligence Oversight for JFHQ-KS LTC Charles Harriman (785) 274-1807 KS-J2 Intelligence Oversight Monitors.

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Presentation on theme: "UNCLASSIFIED Intelligence Oversight for JFHQ-KS LTC Charles Harriman (785) 274-1807 KS-J2 Intelligence Oversight Monitors."— Presentation transcript:

1 UNCLASSIFIED Intelligence Oversight for JFHQ-KS LTC Charles Harriman (785) KS-J2 Intelligence Oversight Monitors Maj John Lane (785) MAJ Nathan Bukowski (785)

2 UNCLASSIFIED Agenda Purpose History References Procedures Special Focus Areas Elements of a Good Program

3 UNCLASSIFIED To ensure the legality and propriety of all intelligence and intelligence-related activities ― Special emphasis on the protection of the Constitutional and privacy rights of US persons Purpose 3

4 UNCLASSIFIED History Executive Order Provides clear guidelines on how to perform intelligence activities consistent with the legal rights guaranteed to all US persons by the Constitution. Executive Order Provides clear guidelines on how to perform intelligence activities consistent with the legal rights guaranteed to all US persons by the Constitution.

5 UNCLASSIFIED References DoD R, Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons, 7 Dec 82 EO 12333, AR 20-1/AFI , AR 1-201, CNGBI , CNGBM Army –Army Regulation , US Army Intelligence Activities, 3 May 2012 Air Force –Air Force Instruction , Oversight of Intelligence Activities, 23 Apr 2012 Kansas –KSNG SOP , Intelligence Oversight, 6 Dec 2009 (Update in work) –Kansas National Guard IO Checklist, 1 Oct 2013 –MAC LOI #2, IO

6 UNCLASSIFIED DoD R Procedures PROCEDURE 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 in the United States for Intelligence Purposes 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

7 UNCLASSIFIED 7 Procedure 1 General Provisions: states the applicability of the regulation and the general principles governing intelligence and intelligence-related activities

8 UNCLASSIFIED 8 Procedure 1 IO applies to: all personnel assigned to DoD Intelligence Components regardless of MOS/AFSC Military, civilian, contractors all personnel performing an intelligence or intelligence- related function regardless of MOS/AFSC

9 UNCLASSIFIED 9 Procedure 1 Intelligence components must: Not infringe on US persons’ Constitutional rights Protect privacy rights of US persons Collect, retain, and disseminate information based on a lawfully assigned mission and function Employ the least intrusive lawful techniques Comply with all regulatory requirements

10 UNCLASSIFIED A US person is defined as: - A US citizen born in the United States - A permanent resident alien in the US - A US corporation (except those directed or controlled by foreign governments) - An unincorporated association composed substantially of US citizens or permanent resident aliens What is a US Person? 10

11 UNCLASSIFIED Assumptions: - A person known to be in the US is presumed to be a US Person - A foreign national known to be in the US is presumed not to be a US Person - A person known to be outside of the US, is presumed not to be a US Person What is a US Person? 11

12 UNCLASSIFIED Title 10 and Title 32 Intelligence Component: subject to Intelligence Oversight rules Non-intelligence Personnel: subject to DoDD , Acquisition of Information Concerning Persons and Organizations Not Affiliated with the Department of Defense State Active Duty All personnel subject to state law, to include privacy laws Applicability

13 UNCLASSIFIED Participating in special collection activities without President, Secretary of Defense or Secretary of the Army or Air Force approval Planning or carrying out assassinations Requesting any other parties perform an act which is forbidden to the intelligence component Forbidden Activities

14 UNCLASSIFIED Procedure 2 Collection ― Specifies the kinds of information about US persons that may be collected and sets forth the general criteria governing the means used to collect such information

15 UNCLASSIFIED Collecting or Receiving? Collecting: Information is considered collected when: Received for use by an employee of an intelligence component in course of his/her official duties AND Affirmative action is taken that shows intent to use or retain that information * Informal files will not be kept to bypass this procedure Receiving: Intelligence personnel may receive information from anyone, anytime to determine its intelligence value and whether it can be collected, retained or disseminated

16 UNCLASSIFIED US Persons Information Retain and/or disseminate if you have legal authority to do so If not, redact or purge Criminal Intelligence Pass to appropriate law enforcement agency Incidentally Collected Information

17 UNCLASSIFIED Collection of US Persons Information Mission and Authority Necessity Approved Category of Information Least Intrusive Means 17

18 UNCLASSIFIED Necessity (NGB-J2) Can you disregard the information or substitute the words “U.S. Person” and still complete the mission? Additional Approval Authority is dependent on the Special Technique employed. It may include (AR Ch. 5 thru 11&13) : DCS G-2 MACOM Commander Commander, 650 th MI Group US Attorney General Supreme Allied Commander Europe Army G-2X Secretary (or Under Secretary) of the Army SECDEF or Deputy SECDEF Special Techniques (AR Ch. 5 thru 11&13) : Electronic Surveillance Concealed Monitoring Physical Searches Mail Searches and Examination Physical Surveillance Undisclosed Participation in Organizations Contracting for Goods and Services Experimentation on Human Subjects for Intelligence Purposes Continuum of Intrusiveness (AR , Ch 2-3.) : Publicly Available or with Consent From Cooperating Sources Lawful means not requiring a Warrant or Attorney General approval Lawful means requiring a Warrant or Attorney General approval Authorized Categories (AR , Ch 2-2.) : Consensual Publicly Available Foreign Intelligence Counterintelligence Potential sources of assistance Protecting intelligence sources and methods Physical Security Personnel Security Communications Security Narcotics Threats to Safety Overhead reconnaissance Administrative Purposes U.S. Persons (AR , Glossary, Section II) : A U.S. citizen An alien known by the intelligence component to be a permanent resident alien A corporation incorporated in the U.S. that is not directed or controlled by a foreign government A corporation incorporated abroad is NOT a U.S. person even if partially or wholly owned by a corporation incorporated in the U.S. Presumptions (AR , Ch 1-8.) : A person or organization outside the United States is presumed not to be a U.S. person, unless the intelligence component obtains specific information to the contrary. An alien in the United States is presumed not to be a U.S. person, unless the intelligence component obtains specific information to the contrary. Mission (AR , Ch 1-5.d.) : There must be a link between the U.S. person information to be collected and the element’s assigned mission and function. State J2 Missions (JFHQ-State Implementation Guidance (Draft) dated 01 AUG 2011, Ch 2) : Monitoring worldwide threat trends, events, and enemy Tactics, Techniques, and Procedures (TTPs) Support to NG troops deployed in support of State Partnership Program (SPP) missions Monitor threats to the homeland Evaluate terrorist TTPs Identify vulnerabilities to key infrastructure which might be targeted by terrorist groups Monitor for Indications and Warnings of Chemical, Biological, Radiological, Nuclear, and High Yield Explosive (CBRNE) weapons Lead and manage intelligence process during Domestic Support to Civil Authorities (DSCA) missions Mission and Authority? U.S. Person? Authorized Category? Revise Least Intrusive Means? Special Collection Techniques? Additional Approval? Necessary ? NONO NONO NO YESYES YES GO STOP NONO NONO YE S NONO GO NONO Intelligence Oversight Process START STOP Blue Text = Most applicable to State J2 Missions

19 UNCLASSIFIED Authority and Mission Mission (AR , Ch 1-5.d.) : There must be a link between the U.S. person information to be collected and the element’s assigned mission and function. State J2 Missions (JFHQ-State Implementation Guidance (Draft) dated 01 AUG 2011, Ch 2) : Monitoring worldwide threat trends, events, and enemy Tactics, Techniques, and Procedures (TTPs) Support to NG troops deployed in support of State Partnership Program (SPP) missions Monitor threats to the homeland Evaluate terrorist TTPs Identify vulnerabilities to key infrastructure which might be targeted by terrorist groups Monitor for Indications and Warnings of Chemical, Biological, Radiological, Nuclear, and High Yield Explosive (CBRNE) weapons Lead and manage intelligence process during Domestic Support to Civil Authorities (DSCA) missions PLAN

20 UNCLASSIFIED Is it Necessary? Required to complete the National Guard’s mission? –Does the activity specifically support the CCIRs and PIRs? –Is it necessary to make a decision or to determine a course of action? –Can you disregard the information or substitute the words “U.S. Person” and still complete the mission?

21 UNCLASSIFIED DoD R Authorized Categories Collection of Information about US Persons – Information obtained with consent – Publicly available information – Foreign intelligence – Counterintelligence – Potential sources of assistance to intelligence activities – Protection of intelligence sources and methods – Physical security – Personnel security – Communications security – Narcotics – Threats to safety – Overhead reconnaissance – Administrative information

22 UNCLASSIFIED DoD Authorized Categories Protection of DoD Functions and Property Personnel Security Operations Related to Civil Disturbance

23 UNCLASSIFIED Methods of collection should be from the least to the most intrusive means: Collect first from publicly available sources or with US person’s consent Collect from cooperating sources Lawful means which do not require a warrant Lawful means which do require a warrant Most intrusive Means Methods of Collection Least intrusive Means

24 UNCLASSIFIED Retention ― Governs the kinds of information about US persons that may knowingly be retained by a DoD intelligence component without the consent of the person about whom the information concerns ―The term “retention” refers to data that can be retrieved by reference to the person’s name or other identifying data, such as their social security number. Procedure 3

25 UNCLASSIFIED Information collected IAW Procedure 2 or collected incidentally but could have been collected IAW Procedure 2 Information necessary to accomplish assigned mission and function Temporary retention (up to 90 days) to determine if information is eligible for retention or in order to transmit the information to another agency with primary jurisdiction What Information May be Retained

26 UNCLASSIFIED Information must have controlled access and limited to need-to-know Retained files must be reviewed annually; all unnecessary information will be destroyed Does NOT apply when information is retained for administrative purposes or is required by law to be maintained Access and Retention

27 UNCLASSIFIED Dissemination ― Governs the kinds of information about US persons that may be disseminated without their consent outside of the DoD intelligence component that collected the information Procedure 4

28 UNCLASSIFIED Must have been lawfully collected under Procedure 2 Recipient must be reasonably believed to have a need to receive information for a lawful governmental function and be a: DoD employee or contractor Federal, state or local law enforcement entity Agency within the intelligence community Agency of the federal government Information provided to a foreign government pursuant to an agreement or other understanding Dissemination of US Persons Information

29 UNCLASSIFIED Provision of Assistance to Law Enforcement Authorities ― Describes types of permissible assistance to law enforcement authorities and sets forth procedures for providing this assistance. Assistance to Law Enforcement Authorities For investigating or preventing Clandestine intelligence activities by foreign powers International narcotics activities International terrorist activities Protecting DoD employees, information, property, and facilities Preventing, detecting, or investigating other violations of law Procedure 12

30 UNCLASSIFIED Permissible Types of Assistance –Incidentally acquired information believed to indicate a violation of federal, state, tribal, or local law –Personnel or specialized equipment and facilities may be provided to Federal law enforcement authorities Lives are endangered Consistent with DoDD , DoD Cooperation with Civilian Law Enforcement Officials Approved by NGB/J2 and the NGB/JA –Procedure 12 Memorandum

31 UNCLASSIFIED Employee Conduct ― Sets forth the responsibilities of employees of DoD intelligence components to conduct themselves IAW applicable executive orders, laws, regulations/instructions and other applicable policy National Guard intelligence components must: Conduct intelligence activities IAW all relevant executive orders, regulations, policies and laws Be familiar with Procedures 1-4 and Procedures of DoD R and any other procedures employed by the intelligence component Report questionable intelligence activities and federal crimes Procedure 14

32 UNCLASSIFIED IO Training Requirements Army Guardsmen subject to AR : –Initial training within 30 days of assignment/ employment –Refresher training as part of the routine command training program –Training tailored to unit mission Air Guardsmen subject to AFI –Initial training within 45 days of assignment/arrival to unit –Annual refresher training –Pre-deployment if training will expire during deployment –**Effective 1 Oct 10: standardized Air Force training Located on ADLS and AFISRA website

33 UNCLASSIFIED Identifying, Investigating, and Reporting Questionable Intelligence Activities and Other Intelligence-related Matters Provides for the identification, investigation and reporting of questionable activities The term “questionable activity” refers to any conduct related to an intelligence activity or personnel that may violate the law, any Executive Order or applicable DoD policy, regulation or instruction Procedure 15

34 UNCLASSIFIED Improper collection, retention, or dissemination of US persons information, such as: Incorporating US persons information into an intelligence product without determining if identifying the person is appropriate Collecting US persons information for force protection purposes without determining if the intelligence function related to it is authorized Misrepresentation, such as: Using the status as an intelligence member to gain access for non-mission-related purposes Claiming to be conducting a highly classified activity or an investigation, for personal gain, unauthorized access, or to impress or intimidate others Questionable intelligence activity constituting a crime, such as: Stealing a source’s payments Using intelligence funds for personal gain Misconduct in the performance of intelligence duties, such as: Falsifying investigative reports or personnel security investigation interviews Examples of Questionable Activity

35 UNCLASSIFIED You are required to report questionable intelligence activities Report questionable activities through your chain of command to unit/staff IG, JA, IO Monitor, Senior Intelligence Officer or to higher levels (NGB, ATSD(IO)) Whistle blowers are protected from retribution or adverse action Reporting Questionable Activities

36 UNCLASSIFIED Special Collection Techniques Electronic and communications surveillance (Procedure 5) Concealed monitoring (Procedure 6) Physical searches (Procedure 7) Examination of US mail (Procedure 8) Physical surveillance (Procedure 9) Undisclosed participation in an organization (Procedure 10) Undisclosed contracting for goods and services for intelligence purposes (Procedure 11) Any other activity that could be perceived by the general public as covert surveillance and reconnaissance(NGB policy)

37 UNCLASSIFIED Necessity (NGB-J2) Can you disregard the information or substitute the words “U.S. Person” and still complete the mission? Additional Approval Authority is dependent on the Special Technique employed. It may include (AR Ch. 5 thru 11&13) : DCS G-2 MACOM Commander Commander, 650 th MI Group US Attorney General Supreme Allied Commander Europe Army G-2X Secretary (or Under Secretary) of the Army SECDEF or Deputy SECDEF Special Techniques (AR Ch. 5 thru 11&13) : Electronic Surveillance Concealed Monitoring Physical Searches Mail Searches and Examination Physical Surveillance Undisclosed Participation in Organizations Contracting for Goods and Services Experimentation on Human Subjects for Intelligence Purposes Continuum of Intrusiveness (AR , Ch 2-3.) : Publicly Available or with Consent From Cooperating Sources Lawful means not requiring a Warrant or Attorney General approval Lawful means requiring a Warrant or Attorney General approval Authorized Categories (AR , Ch 2-2.) : Consensual Publicly Available Foreign Intelligence Counterintelligence Potential sources of assistance Protecting intelligence sources and methods Physical Security Personnel Security Communications Security Narcotics Threats to Safety Overhead reconnaissance Administrative Purposes U.S. Persons (AR , Glossary, Section II) : A U.S. citizen An alien known by the intelligence component to be a permanent resident alien A corporation incorporated in the U.S. that is not directed or controlled by a foreign government A corporation incorporated abroad is NOT a U.S. person even if partially or wholly owned by a corporation incorporated in the U.S. Presumptions (AR , Ch 1-8.) : A person or organization outside the United States is presumed not to be a U.S. person, unless the intelligence component obtains specific information to the contrary. An alien in the United States is presumed not to be a U.S. person, unless the intelligence component obtains specific information to the contrary. Mission (AR , Ch 1-5.d.) : There must be a link between the U.S. person information to be collected and the element’s assigned mission and function. State J2 Missions (JFHQ-State Implementation Guidance (Draft) dated 01 AUG 2011, Ch 2) : Monitoring worldwide threat trends, events, and enemy Tactics, Techniques, and Procedures (TTPs) Support to NG troops deployed in support of State Partnership Program (SPP) missions Monitor threats to the homeland Evaluate terrorist TTPs Identify vulnerabilities to key infrastructure which might be targeted by terrorist groups Monitor for Indications and Warnings of Chemical, Biological, Radiological, Nuclear, and High Yield Explosive (CBRNE) weapons Lead and manage intelligence process during Domestic Support to Civil Authorities (DSCA) missions Mission and Authority? U.S. Person? Authorized Category? Revise Least Intrusive Means? Special Collection Techniques? Additional Approval? Necessary ? NONO NONO NO YESYES YES GO STOP NONO NONO YE S NONO GO NONO Intelligence Oversight Process START STOP Blue Text = Most applicable to State J2 Missions

38 UNCLASSIFIED Special Focus Areas Defense Support to Civil Authorities Joint Intelligence Preparation of the Environment Incident Awareness and Assessment Force Protection Counter Drug The Internet

39 UNCLASSIFIED Defense Support to Civil Authorities Counterdrug and Civil Support Teams (CST) do not have an intelligence mission Law enforcement provides criminal threat support (Procedure 12) 39

40 UNCLASSIFIED Joint Intelligence Preparation of the Operational Environment Purpose: to assist the commander in gaining situational awareness vs. intelligence Limit collection to information needed to accomplish mission Least intrusive means Redact unnecessary U.S. persons information 40

41 UNCLASSIFIED Incident Awareness and Assessment (IAA) Definition: The use of DoD intelligence, surveillance and reconnaissance (ISR) intelligence capabilities for domestic non- intelligence activities approved by the Secretary of Defense. Examples: search and rescue (SAR), damage assessment and situational awareness * Domestic imagery rules always apply to the collection, retention and dissemination of domestic imagery

42 UNCLASSIFIED A law enforcement responsibility J2 focus is transnational terrorist and opposing military force threat J2 and J34 must work closely together Intelligence and Force Protection must be handled separately through their respective channels, but can work together Force Protection

43 UNCLASSIFIED Intelligence v. Force Protection Security DOMESTIC THREAT Military Intelligence FOREIGN THREAT Governing Regulation: DoD Directive Governing Regulation: DoD Directive Governing Regulation: DoD Directive R Governing Regulation: DoD Directive R Cross Talk J34/ATFPJ2/Intelligence These functions should work together, but must act independently Intelligence components have an obligation to pass threat information to: ˗ Organization/commander responsible for protecting threatened persons, facilities or activities (Provost Marshall/ATFP/J34, etc) ˗ Appropriate LE organization

44 UNCLASSIFIED Force Protection Products When the FPA briefs the information, it is an FP assessment briefing – no J2 logos, no presentation as an intelligence briefing, nothing that will give the customer the impression that this is an MI product. It is not your MOS that is the determining factor but your duty status. ˗ Intelligence personnel can be assigned to the J34 to perform an FP function FP products are NOT intelligence products!

45 UNCLASSIFIED Counterdrug Mission Criminal Analyst Mission –Current mission authorizes NG criminal analysts to assist local and federal law enforcement agencies in identifying drug dealers and sources of supply, collecting and organizing criminal records, and assisting officers with case management

46 UNCLASSIFIED Internet MI personnel must have an official mission before collecting, retaining, or disseminating even publicly available US persons information posted on the Internet. Certain Internet-based activities are restricted by the rules requiring disclosure of an individual's intelligence organization affiliation. Also applies to information on SIPRNET and JWICS.

47 UNCLASSIFIED Characteristics of an Effective IO Program Command emphasis Designate IO Monitor and Alternate in writing Conduct initial, refresher and deployment training Tailor training to the specific mission of your organization Maintain training records Maintain copies of pertinent EO, directives and regulations/instructions Use a variety of training and awareness tools 47

48 UNCLASSIFIED 48 Questions? LTC Charles Harriman (785) Maj John Lane (785) MAJ Nathan Bukowski (785) NGB-J2 Intel Oversight Monitors


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