ADA284778 : Assistant to the Secretary of Defense for Intelligence Oversight DODD-5148.11


SORT: 5148.11

DOCI: DODD 5148.11

DATE: 19940701

TITL: DODD 5148.11 Assistant to the Secretary of Defense for Intelligence

Oversight (ATSD(IO)), July 1, 1994, DA&M



Refs: (a) Title 10, United States Code

(b) DoD Directive 5148.11, "Assistant to the Secretary of Defense

(Intelligence Oversight)," December 1, 1982 (hereby canceled)

(c) Executive Order 12333, "United States Intelligence Activities,"

December 4, 1981

(d) DoD Directive 5240.1, "DoD Intelligence Activities," April 25, 1988

(e) through (k), see enclosure 1



A. REISSUANCE AND PURPOSE



Under the authority vested in the Secretary of Defense by Section 113 of

reference (a), this Directive reissues reference (b) to update the

responsibilities, functions, relationships, and authorities of the

ATSD(IO), as prescribed herein.



B. APPLICABILITY



This Directive 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").



C. 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 references (c), (d), and (e).



D. 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:



1. 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 (reference



2. 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.



3. Investigate intelligence activities that raise questions of legality or

propriety.



4. 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 (reference (c))

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.



5. 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.



6. 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 (reference (f)),

at least quarterly, in consultation with the GC, DoD:



a.  Any significant oversight activities undertaken; and



b.  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.



7. Participate as a member of the Defense Counterintelligence Board (DoD

Directive 5240.2, reference (g)).



8. Pursuant to DoD Directive 5240.12 (reference (h)), 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.



9. Review DoD clandestine intelligence activities to ensure compliance

with special constraints and controls.



10. Evaluate the effectiveness of the DoD intelligence components' efforts

to protect HUMINT sources, in accordance with DoD Directive 5-5205.1

(reference



11. Participate in the Sensitive Reconnaissance Operations approval

process.



12. 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.



13. Review the DoD sensitive support provided to the DoD Components and

other Federal Agencies, pursuant to DoD Directive 5-5210.36 (reference

(j)), to ensure compliance with DoD policy.



14. 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 (reference (k)).



15. Perform such other functions as the Secretary of Defense may

prescribe.



E. RELATIONSHIPS



1. 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:



a.  Report directly to the Secretary and Deputy Secretary of Defense.



b.  Coordinate and exchange information with other OSD officials, heads of

the DoD Components, and other Federal officials having collateral or

related functions.



c.  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.



2. 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 section D., above.



F. AUTHORITIES



The ATSD(IO) is hereby delegated authority to:



1. Obtain reports, information, advice, and assistance, consistent with

DoD Directive 8910.1 (reference (l)), as necessary, in carrying out

assigned functions.



2. 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.



3. 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.



4. 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.



5. 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:



(a) 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



(b) Obtain information on the status, proceedings, and findings or to

obtain copies of reports of investigations or inspections of such

allegations.



6. 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.



G. EFFECTIVE DATE



This Directive is effective immediately.



John M. Deutch Enclosure Deputy Secretary of Defense References



REFERENCES, continued



(e) DoD 5240.1-R, "Procedures Governing the Activities of DoD

Intelligence Components that Affect United States Persons," December 1982,

authorized by DoD Directive 5240.1, April 25, 1988

(f) Executive Order 12863, "President's Intelligence Advisory Board,"

September 13, 1993

(g) DoD Directive 5240.2, "Department of Defense Counterintelligence,"

June 6, 1983

(h) DoD Directive 5240.12, "Department of Defense Intelligence Commercial

Activities," December 2, 1992

(i) DoD Directive 5-5205.1, "Acquisition and Reporting of Information

Relating to National Security (U)," January 31, 1983

(j) DoD Directive 5-5210.36, "Provision of DoD Sensitive Support to DoD

Components and Other Departments and Agencies of the U. S. Government

(U)," June 10, 1986

(k) DoD Directive 5106.1, "Inspector General of the Department of

Defense," March 14, 1983

(l) DoD Directive 8910.1, "Management and Control of Information

Requirements," June 11, 1993



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