[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20703]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 378

[DoD Directive 5148.11]

 

Organizational Charter; Assistant to the Secretary of Defense for 
Intelligence Oversight (ATSD(IO))

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This revision updates the responsibilities, functions, 
relationships and authorities as prescribed therein. The ATSD(IO) 
report directly to the Secretary and Deputy Secretary of Defense, and 
is responsible for the independent oversight of all intelligence 
activities in the Department of Defense. In this capacity, the ATSD(IO) 
ensures that all activities performed by intelligence units and all 
intelligence activities performed by non-intelligence units, are 
conducted in compliance with Federal law and other laws as appropriate, 
Executive orders and Presidential Directives, and DoD Directives System 
issuance.

EFFECTIVE DATE: July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. R. Kennedy, Organizational and 
Management Planning, 703-697-1142.

List of Subjects in 32 CFR Part 378

    Organization and functions (government agencies).

    Accordingly, 32 CFR part 378 is revised to read as follows:

PART 378--ASSISTANT TO THE SECRETARY OF DEFENSE FOR INTELLIGENCE 
OVERSIGHT ATSD(IO))

Sec.
378.1  Purpose.
378.2  Applicability.
378.3  Definition.
378.4  Responsibilities and Functions.
378.5  Relationships.
378.6  Authorities.

    Authority: 10 U.S.C. 113.


Sec. 378.1  Purpose.

    Under the authority vested in the Secretary of Defense by 10 U.S.C. 
113, this part updates the responsibilities, functions, relationships, 
and authorities of the ATSD(IO), as prescribed herein.


Sec. 378.2  Applicability.

    This part applies to the Office of the Secretary of Defense (OSD), 
the Military Departments, the Chairman of the Joint Chiefs of Staff, 
the Unified Combatant Commands, the Office of the Inspector General of 
the Department of Defense, the Defense Agencies, and the DoD Field 
Activities (hereafter referred to collectively as ``the DoD 
Components'').


Sec. 378.3  Definition.

    Propriety. Refers to the standards for intelligence activities 
promulgated in Executive orders, Presidential Directives, and DoD 
Directives. Other terms used herein are defined in E.O. 12333, 3 CFR, 
1981 Comp., p. 200; DoD Directive 5240.1\1\, and DoD 5240.1-R\2\.
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
    \2\See footnote 1 to Sec. 378.3.
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Sec. 378.4  Responsibilities and functions.

    The Assistant to the Secretary of Defense for Intelligence 
Oversight shall be responsible for the independent oversight of all 
intelligence activities in the Department of Defense. In this capacity, 
the ATSD(IO) shall ensure that all activities performed by intelligence 
units and all intelligence activities performed by non-intelligence 
units, are conducted in compliance with Federal law and other laws as 
appropriate, Executive orders and Presidential Directives, and DoD 
Directives System issuances. In the exercise of this responsibility, 
the ATSD(IO) shall:
    (a) Develop intelligence oversight policy and, in coordination with 
the General Counsel of the Department of Defense (GC, DoD), issue 
intelligence oversight guidance to the DoD intelligence components, 
including regulatory guidance implementing intelligence oversight 
aspects of E.O. 12333.
    (b) Review, in consultation with the GC, DoD, all allegations that 
raise questions of the legality or propriety of intelligence activities 
in the Department of Defense.
    (c) Investigate intelligence activities that raise questions of 
legality or propriety.
    (d) Conduct vigorous and independent inspections of the DoD 
Components that engage in intelligence activities for the purpose of 
verifying that personnel are familiar and in compliance with E.O. 12333 
and its DoD implementing documents. At the request of senior leadership 
of the Department, and as practicable, the ATSD(IO) will assess and 
evaluate the performance of DoD's intelligence activities during the 
course of scheduled inspections and site visits. Reports in these areas 
of special interest will be provided to the requesting official and the 
Secretary of Defense for information.
    (e) Monitor investigations and inspections conducted by the DoD 
Components related to intelligence activities, evaluate the findings 
and, if appropriate, submit recommendations for corrective action to 
the Secretary and Deputy Secretary of Defense.
    (f) Report the following to the Secretary and Deputy Secretary of 
Defense, and the Intelligence Oversight Board of the President's 
Foreign Intelligence Advisory Board, established under E.O. 12863, 3 
CFR, 1993 Comp., p. 632, at least quarterly, in consultation with the 
GC, DoD:
    (1) Any significant oversight activities undertaken; and
    (2) Any DoD intelligence activities of questionable legality or 
propriety, the investigative action on them, an evaluation of completed 
investigations, and the action taken on completed investigations.
    (g) Participate as a member of the Defense Counterintelligence 
Board (DoD Directive 5240.2\3\).
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    \3\See footnote 1 to Sec. 378.3
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    (h) Pursuant to DoD Directive 5240.12\4\, review and conduct an 
annual financial audit of all funds generated by DoD Intelligence 
Commercial Activities, and report the results to the Assistant 
Secretary of Defense for Command, Control, Communications, and 
Intelligence.
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    \4\See footnote 1 to Sec. 378.3
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    (i) Review DoD clandestine intelligence activities to ensure 
compliance with special constraints and controls.
    (j) Evaluate the effectiveness of the DoD intelligence components' 
efforts to protect HUMINT sources, in accordance with DoD Directive S-
5205.1\5\.
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    \5\Classified document, not releaseable to the public.
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    (k) Participate in the Sensitive Reconnaissance Operations approval 
process.
    (l) Conduct liaison with Federal intelligence and law enforcement 
agencies (e.g., Central Intelligence Agency, Federal Bureau of 
Investigation, and Drug Enforcement Administration) at the national 
level and field locations, as required, to ensure DoD intelligence 
activities and DoD intelligence support to law enforcement agencies are 
being conducted properly.
    (m) Review the DoD sensitive support provided to the DoD Components 
and other Federal Agencies, pursuant to DoD Directive S-5210.36\6\, to 
ensure compliance with DoD policy.
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    \6\See footnote 5 to Sec. 378.4(j).
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    (n) Coordinate, as appropriate, with the DoD Inspector General (DoD 
IG) on matters relating to the DoD IG's area of responsibility in 
accordance with DoD Directive 5106.1\7\.
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    \7\See footnote 1 to Sec. 378.3.
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    (o) Perform such other functions as the Secretary of Defense may 
prescribe.


Sec. 378.5  Relationships.

    (a) In the performance of assigned responsibilities and functions, 
the ATSD(IO) shall serve under the authority, direction, and control of 
the Secretary of Defense, and shall:
    (1) Report directly to the Secretary and Deputy Secretary of 
Defense.
    (2) Coordinate and exchange information with other OSD officials, 
heads of the DoD Components, and other Federal officials having 
collateral or related functions.
    (3) Use existing facilities and services of the Department of 
Defense and other Federal Agencies, when practicable, to avoid 
duplication and to achieve maximum efficiency and economy.
    (b) Other OSD officials and heads of the DoD Components shall 
coordinate with the ATSD(IO) on all matters related to the 
responsibilities and functions cited in Sec. 378.4.


Sec. 378.6  Authorities.

    The ATSD(IO) is hereby delegated authority to:
    (a) Obtain reports, information, advice, and assistance, consistent 
with DoD Directive 8910.1\8\, as necessary, in carrying out assigned 
functions.
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    \8\See footnote 1 to Sec. 378.3
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    (b) Communicate directly with the heads of the DoD Components and, 
with notification to the Chairman of the Joint Chiefs of Staff, to the 
Commanders of the Unified Combatant Commands, as necessary, in carrying 
out assigned functions.
    (c) Request such temporary assistance from the DoD Components as 
may be required for the conduct of inspections or investigations, to 
include personnel, facilities, and other services. Requests for needed 
support shall be made in accordance with established procedures.
    (d) Communicate directly with the Intelligence Oversight Board of 
the President's Foreign Intelligence Advisory Board, the Director of 
Central Intelligence, other Federal officials, representatives of the 
legislative branch, members of the public, and representatives of 
foreign governments, as appropriate, in carrying out assigned 
functions.
    (e) Have complete and unrestricted access to all available 
intelligence-related information, regardless of classification or 
compartmentation, from all DoD Components and personnel, as required, 
in carrying out assigned functions. This includes specifically the 
authority to:
    (1) Require an Inspector General or other cognizant investigative 
official of a DoD Component to report allegations of improprieties or 
illegalities of intelligence activities by, or within, a DoD Component; 
and
    (2) Obtain information on the status, proceedings, and findings or 
to obtain copies of reports of investigations of such allegations.
    (f) Deal directly with the head of the element inspected or 
investigated, conduct interviews, take depositions, and examine records 
incident to an inspection or investigation of any DoD Component, as 
required, in carrying out assigned functions.

    Dated: August 18, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-20703 Filed 8-23-94; 8:45 am]
BILLING CODE 5000-04-M