Intelligence Oversight

Intelligence Oversight is the process of ensuring that all DoD intelligence, counterintelligence, and intelligence-related activities are conducted in accordance with applicable U.S. law, Presidential Executive Orders, and DoD issuances.

Executive Order 12333, signed by President Ronald Reagan in December 1981. Every president since Reagan has endorsed this same Executive Order.

To provide the President and the National Security Council (NSC) with the necessary information to develop foreign, defense, and economic policy, and to protect U.S. national interests from foreign security threats, while ensuring the protection of constitutional rights of U.S. persons.

DoD Directive 5148.13, entitled 'Intelligence Oversight,' implements the Intelligence Oversight program as authorized by EO 12333.

DoD Manual 5240.01 establishes the procedures governing the conduct of DoD intelligence activities, including rules and procedures for collecting, retaining, and disseminating information concerning U.S. persons.

A U.S. person includes U.S. citizens, permanent resident aliens, an unincorporated association substantially composed of U.S. citizens or permanent resident aliens, or a corporation incorporated in the United States (except those directed and controlled by a foreign government).

A Questionable Intelligence Activity is any intelligence or intelligence-related activity that may violate the law, any Executive Order or Presidential directive, or any applicable DoD policy, including DoD Manual 5240.01.

Report QIAs to the Intelligence Oversight Officer (IOO), your chain of command, the DoD Inspector General, or the Inspector General of the Intelligence Community. All DoD personnel have a duty to report.

A QIA is any activity that may violate law, EO, or policy. A Significant/Highly Sensitive Matter (S/HSM) is a QIA of such significance that Congressional oversight committees must be notified, or one that could impugn the reputation or integrity of the Intelligence Community.

Procedure 2 governs the collection of U.S. Person Information (USPI). It establishes that DoD intelligence components may only collect USPI when it falls within one of the specifically authorized categories and is collected by the least intrusive means feasible.

Procedure 3 governs the retention of U.S. Person Information. USPI that has been collected must be evaluated promptly to determine if it may be permanently retained. Information not meeting retention criteria must be deleted or destroyed.

Procedure 4 governs the dissemination of U.S. Person Information. USPI may only be disseminated if the recipient has a valid need to know, the information falls within an authorized category, and it is the minimum necessary to fulfill the purpose.

Incidental collection occurs when USPI is acquired during the collection of foreign intelligence information that was not specifically targeted at the U.S. person. Even incidentally collected USPI is subject to the retention and dissemination rules of Procedures 3 and 4.

The two goals are: (1) Ensure that DoD can conduct its foreign intelligence and counterintelligence missions effectively, and (2) Protect the statutory and constitutional rights of U.S. persons.

The Under Secretary of Defense for Intelligence and Security (USD(I&S)) serves as the Senior Intelligence Oversight Official for the Department of Defense.

The IOO is responsible for implementing the Intelligence Oversight program within their organization, providing training and guidance, receiving and investigating reports of QIAs, and reporting significant matters through the chain of command.

False. All DoD personnel, including military, civilian, and contractor employees who become aware of a QIA, have a duty to report it regardless of their position or role.

The DoD Inspector General and service Inspectors General conduct inspections and investigations of intelligence activities, receive reports of QIAs, and provide independent oversight to ensure compliance with laws, executive orders, and DoD policies.

Authorized categories include: information necessary to the function of the collecting component, counterintelligence, potential sources of assistance, persons in contact with foreign intelligence targets, physical security of DoD installations, personnel security investigations, and information obtained with consent.

When collecting USPI under an authorized category, DoD components must use the least intrusive collection technique feasible. This means choosing methods that minimize the impact on the privacy and civil liberties of U.S. persons.

If USPI does not meet one of the authorized retention categories, it must be deleted or destroyed as soon as practicable, typically within 90 days of the determination.

Electronic surveillance of U.S. persons requires authorization from the Foreign Intelligence Surveillance Court (FISC) under the Foreign Intelligence Surveillance Act (FISA), except in limited circumstances such as consent or when authorized by the Attorney General.

A Proper Use Memorandum documents the purpose and legal authority for collecting, retaining, or disseminating USPI. It provides an audit trail showing that intelligence activities comply with applicable laws and procedures.

Failure to report a QIA may result in appropriate disciplinary action, including adverse administrative action, non-judicial punishment under the UCMJ, or criminal prosecution depending on the severity of the failure.

The Senate Select Committee on Intelligence (SSCI) and the House Permanent Select Committee on Intelligence (HPSCI) are the primary congressional committees providing oversight of intelligence activities.

Procedure 1 establishes general provisions for the conduct of DoD intelligence activities, including the requirement that activities be conducted in a manner that protects fully the legal rights of all U.S. persons.

True. All personnel supporting DoD intelligence activities, including contractors, have the same duty to report Questionable Intelligence Activities.

Intelligence Oversight training is required annually for all personnel assigned to or supporting DoD intelligence and counterintelligence organizations.

EO 12333 provides the overall framework for U.S. intelligence activities, while FISA provides the legal authority and procedures for electronic surveillance and physical searches conducted for foreign intelligence purposes within the United States, particularly involving U.S. persons.

The Attorney General provides legal guidance to intelligence agencies, approves certain intelligence collection techniques, and ensures that intelligence activities comply with the Constitution and federal laws. The AG also approves FISA applications.

EO 12333 prohibits assassination, human experimentation on unknowing subjects, indirect participation in activities prohibited by the Order, and collection of information concerning U.S. persons' domestic activities unless authorized by applicable procedures.

When in doubt, report it. Contact your Intelligence Oversight Officer or chain of command for guidance. It is always better to report a potential QIA and have it reviewed than to not report an actual violation.

The program includes: (1) Leadership commitment, (2) Training and education, (3) Self-inspections and compliance assessments, (4) Reporting of QIAs and S/HSMs, and (5) IG inspections and investigations.

Procedure 5 governs electronic surveillance. It establishes rules for when and how DoD components may conduct electronic surveillance, with enhanced protections when the surveillance involves U.S. persons.

The IC includes the Office of the Director of National Intelligence, CIA, NSA, DIA, NGA, NRO, FBI intelligence elements, DEA intelligence, Department of Energy intelligence, Treasury intelligence, Coast Guard intelligence, State Department's INR, and the intelligence components of the military services.

Foreign intelligence is information relating to the capabilities, intentions, or activities of foreign governments, organizations, or persons. Counterintelligence is information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, sabotage, or assassinations conducted by or on behalf of foreign powers.