D1-1515-1600 Intel for the JTF Cdr NGB DJ2 COL Hirst

D1-1515-1600 Intel for the JTF Cdr NGB DJ2 COL Hirst

UNCLASSIFIED Intelligence Oversight for JFHQ-KS KS-J2 Intelligence Oversight Monitors MAJ Charles Harriman (785) 274-1846 [email protected] CPT Jason Dickey (785) 861-3083 [email protected] UNCLASSIFIED UNCLASSIFIED Agenda Purpose History

References Procedures Special Focus Areas Elements of a Good Program UNCLASSIFIED UNCLASSIFIED Purpose 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 3 UNCLASSIFIED UNCLASSIFIED History Executive

Executive Order Order 12333 12333 Provides Provides clear clear guidelines guidelines on on how how to to perform perform intelligence intelligence activities activities consistent consistent with with the the legal legal rights rights guaranteed guaranteed to to all all US US persons persons by by the the Constitution.

Constitution. UNCLASSIFIED UNCLASSIFIED References DoD 5240.01R, Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons, 7 Dec 82 Army Army Regulation 381-10, US Army Intelligence Activities, 3 May 2007 Air Force Air Force Instruction 14-104, Oversight of Intelligence Activities, 16 Apr 2007 Kansas KSNG SOP 381-10 Military Intelligence, Intelligence Oversight MAC LOI #2, IO UNCLASSIFIED UNCLASSIFIED DoD 5240.1-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 UNCLASSIFIED UNCLASSIFIED Procedure 1 General Provisions: states the applicability of the regulation and the general principles governing intelligence and intelligence-related activities 7 UNCLASSIFIED UNCLASSIFIED 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

8 UNCLASSIFIED UNCLASSIFIED 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 9 UNCLASSIFIED UNCLASSIFIED What is a US Person? 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

10 UNCLASSIFIED UNCLASSIFIED What is a US Person? 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 11 UNCLASSIFIED UNCLASSIFIED Applicability Title 10 and Title 32 Intelligence Component: subject to Intelligence Oversight rules Non-intelligence Personnel: subject to DoDD 5200.27, 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 UNCLASSIFIED UNCLASSIFIED Forbidden Activities 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 UNCLASSIFIED 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

UNCLASSIFIED 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 UNCLASSIFIED UNCLASSIFIED Incidentally Collected Information

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

Intelligence Oversight Process UNCLASSIFIED Mission (AR 381-10, Ch 1-5.d.): There must be a link between the U.S. person information to be collected and the elements assigned mission and function. U.S. Persons (AR 381-10, Glossary, Section II): 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 START Mission and Authority? U.S. Person? N O N O N O STOP STOP GO

Presumptions (AR 381-10, 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. Authorized Category? YE S NO STOP Y E S Least Intrusive Means?

GO YES Additional Approval Authority is dependent on the Special Technique employed. It may include (AR 381-10 Ch. 5 thru 11&13): YE S Necessary ? YE S disregard the information or substitute the words U.S. Person and still complete the

mission? YE S 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. Authorized Categories (AR 381-10, Ch 2-2.): Necessity (NGB-J2) Can you

DCS G-2 MACOM Commander Commander, 650th MI Group US Attorney General Supreme Allied Commander Europe Army G-2X Secretary (or Under Secretary) of the Army SECDEF or Deputy SECDEF Additional Approval? N O STOP YES Special Collection Techniques?

N O GO YE S Revise Special Techniques (AR 381-10 Ch. 5 thru 11&13): Blue Text = Most applicable to State J2 Missions N O

Electronic Surveillance Concealed Monitoring Physical Searches Mail Searches and Examination Physical Surveillance Undisclosed Participation in Organizations Contracting for Goods and Services Experimentation on Human 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 Continuum of Intrusiveness (AR 381-10, 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 UNCLASSIFIED UNCLASSIFIED

Authority and Mission Mission (AR 381-10, Ch 1-5.d.): There must be a link between the U.S. person information to be collected and the elements 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 UNCLASSIFIED UNCLASSIFIED

Is it Necessary? Required to complete the National Guards 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? UNCLASSIFIED UNCLASSIFIED DoD 5240.1-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

UNCLASSIFIED UNCLASSIFIED DoD 5200.27 Authorized Categories Protection of DoD Functions and Property Personnel Security Operations Related to Civil Disturbance UNCLASSIFIED UNCLASSIFIED Methods of Collection Methods of collection should be from the least to the most intrusive means: Least intrusive Means Collect first from publicly available sources or with US persons consent Collect from cooperating sources Lawful means which do not require a warrant Most intrusive Means Lawful means which do require a warrant

UNCLASSIFIED UNCLASSIFIED Procedure 3 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 persons name or other identifying data, such as their social security number. UNCLASSIFIED UNCLASSIFIED What Information May be Retained 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 UNCLASSIFIED UNCLASSIFIED Access and Retention 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 UNCLASSIFIED UNCLASSIFIED Procedure 4 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 UNCLASSIFIED UNCLASSIFIED Dissemination of US Persons Information 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 UNCLASSIFIED UNCLASSIFIED Procedure 12 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 UNCLASSIFIED 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 5525.5, DoD Cooperation with Civilian Law Enforcement Officials Approved by NGB/J2 and the NGB/JA Procedure 12 Memorandum UNCLASSIFIED UNCLASSIFIED Procedure 14 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 14-15 of DoD 5240.1-R and any other procedures employed by the intelligence component Report questionable intelligence activities and federal crimes UNCLASSIFIED UNCLASSIFIED IO Training Requirements Army Guardsmen subject to AR 381-10: 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 14-104 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

UNCLASSIFIED UNCLASSIFIED Procedure 15 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 UNCLASSIFIED UNCLASSIFIED Examples of Questionable Activity 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 sources payments Using intelligence funds for personal gain Misconduct in the performance of intelligence duties, such as: Falsifying investigative reports or personnel security investigation interviews UNCLASSIFIED UNCLASSIFIED Reporting Questionable Activities 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 UNCLASSIFIED 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) UNCLASSIFIED Intelligence Oversight Process UNCLASSIFIED Mission (AR 381-10, Ch 1-5.d.): There must be a link between the U.S. person information to be collected and the elements assigned mission and function. U.S. Persons (AR 381-10, Glossary, Section II): 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 START Mission and Authority? U.S. Person?

N O N O N O STOP STOP GO Presumptions (AR 381-10, 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. Authorized Category?

YE S NO STOP Y E S Least Intrusive Means? GO YES Additional Approval Authority is dependent on the Special Technique employed. It may include (AR 381-10 Ch. 5 thru 11&13): YE S

Necessary ? YE S disregard the information or substitute the words U.S. Person and still complete the mission? YE S 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. Authorized Categories (AR 381-10, Ch 2-2.):

Necessity (NGB-J2) Can you DCS G-2 MACOM Commander Commander, 650th MI Group US Attorney General Supreme Allied Commander Europe Army G-2X Secretary (or Under Secretary) of

the Army SECDEF or Deputy SECDEF Additional Approval? N O STOP YES Special Collection Techniques? N O GO YE S Revise

Special Techniques (AR 381-10 Ch. 5 thru 11&13): Blue Text = Most applicable to State J2 Missions N O Electronic Surveillance Concealed Monitoring Physical Searches Mail Searches and Examination Physical Surveillance Undisclosed Participation in Organizations Contracting for Goods and

Services Experimentation on Human 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 Continuum of Intrusiveness (AR 381-10, 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 UNCLASSIFIED 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 UNCLASSIFIED 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 UNCLASSIFIED 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 UNCLASSIFIED UNCLASSIFIED Incident Awareness and Assessment (IAA) Definition: The use of DoD intelligence, surveillance and

reconnaissance (ISR) intelligence capabilities for domestic nonintelligence 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 UNCLASSIFIED UNCLASSIFIED Force Protection 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 UNCLASSIFIED UNCLASSIFIED Intelligence v. Force Protection J2/Intelligence J34/ATFP

Military Intelligence Security FOREIGN THREAT Governing GoverningRegulation: Regulation: DoD Directive DoD Directive5240.1R 5240.1R Cross Talk DOMESTIC THREAT Governing GoverningRegulation: Regulation: DoD DoDDirective Directive5200.27 5200.27 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 UNCLASSIFIED 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! UNCLASSIFIED 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 UNCLASSIFIED 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.

UNCLASSIFIED 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 UNCLASSIFIED Intelligence Oversight Card Ref: EO 12333, DoD 5240.1-R, AFI 14-104, AR 381-10 Military Intelligence personnel SHALL NOT collect (e.g., concealed monitoring, mail/physical searches, electronic/physical surveillance or undisclosed participation), retain, or disseminate information about U.S. persons unless done IAW the procedures contained in

DoD Regulation 5240.1-R and only if the information falls into one or more of the following categories: - Information Obtained with Consent Publicly Available Information Foreign Intelligence Counterintelligence Potential Sources of Intelligence Protection of Intel Sources/Methods Physical Security - Personnel Security Communication Security Narcotics Threats to safety Overhead Reconnaissance Administrative Purposes UNCLASSIFIED 47 UNCLASSIFIED UNCLASSIFIED

Questions? MAJ Charles Harriman (785) 274-1846 [email protected] CPT Jason Dickey (785) 861-3083 [email protected] NGB-J2 Intel Oversight Monitors 48 UNCLASSIFIED

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