[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]
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