DAMI-CDC

DEPARTMENT OF THE ARMY OFFICE OF THE DEPUTY CHIEF OF STAFF, G-2

1000 ARMY PENTAGON

WASHINGTON, DC 20310-1000

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Implementing Guidance for Intelligence Oversight

1. References:

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a. Executive Order 12333 (U.S. Intelligence Activities), 4 Dec 81, as amended .

b. Department of Defense Directive 5240.01 (DoD Intelligence Activities), 27 Aug 07.

c. Army Regulation (AR) 381-10 (Military Intelligence, U.S. Army Intelligence Activities), 3 May 07.

2. Purpose: Recently, the Secretary of Defense and Attorney General of the United States signed the Department of Defense Manual (DoDM) 5240 .01, Procedures Governing the Conduct of DoD Intelligence Activities, 8 August 2016. The DoDM 5240.01 enables DoD to continue to conduct authorized intelligence activities in a manner that protects the constitutional and legal rights of U.S. persons. Effective immediately, all Army components performing authorized intelligence functions will comply with DoDM 5240 .01.

3. Revisions to DoDM 5240.01 will require changes to the current DoD and Army standards for the collection , retention, and dissemination of intelligence information. The manual does not, however, displace all of the Army's regulatory guidance for Intelligence Activities currently set forth in AR 381-10 (reference 1c). Portions of AR 381-10 that are inconsistent with the manual are rescinded. Portions that are additional or unique for the Army and do not conflict with the manual are still in effect. See enclosed Implementing Guidance for additional guidance.

4. The Office of the Deputy Chief of Staff, G-2 point of contact is Mr. Stewart D. Smith, (703) 695-5333, email: stewart.d.smith2.civ@mail.mil.

Encl

DISTRIBUTION (see next page)

~:E~P~~!~~ Lieutenant General, GS Deputy Chief of Staff, G-2

DAMI-CDC SUBJECT: Implementing Guidance for Intelligence Oversight

DISTRIBUTION: PRINCIPAL OFFICIALS OF HEADQUARTERS, DEPARTMENT OF THE ARMY COMMANDER

U.S. ARMY FORCES COMMAND U.S. ARMY TRAINING AND DOCTRINE COMMAND U.S. ARMY MATERIEL COMMAND U.S. ARMY PACIFIC U.S. ARMY EUROPE U.S. ARMY CENTRAL U.S. ARMY NORTH U.S. ARMY SOUTH U.S. ARMY AFRICA/SOUTHERN EUROPEAN TASK FORCE U.S. ARMY SPECIAL OPERATIONS COMMAND MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND U.S. ARMY SPACE AND MISSILE DEFENSE COMMAND/ARMY STRATEGIC

COMMAND U.S. ARMY MEDICAL COMMAND U.S. ARMY INTELLIGENCE AND SECURITY COMMAND U.S. ARMY CRIMINAL INVESTIGATION COMMAND U.S. ARMY CORPS OF ENGINEERS U.S. ARMY MILITARY DISTRICT OF WASHINGTON U.S. ARMY TEST AND EVALUATION COMMAND U.S. ARMY INSTALLATION MANAGEMENT COMMAND

SUPERINTENDENT, UNITED STATES MILITARY ACADEMY DIRECTOR, U.S. ARMY ACQUISITION SUPPORT CENTER EXECUTIVE DIRECTOR, ARLINGTON NATIONAL CEMETERY COMMANDER, U.S. ARMY ACCESSIONS SUPPORT BRIGADE COMMANDANT, U.S. ARMY WAR COLLEGE COMMANDER, SECOND ARMY

CF: DIRECTOR, ARMY NATIONAL GUARD DIRECTOR OF BUSINESS TRANSFORMATION COMMANDER, EIGHTH ARMY COMMANDER, U.S. ARMY CYBER COMMAND

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Implementing Guidance to Army Intelligence Components on the Department of Defense Manual 5240.01 and Army Regulation 381-10

References:

Department of Defense (DoDM) 5240.01 (Procedures Governing the Conduct of DoD Intelligence Activities), 8 August 2016.

Army Regulation 381-10 (Military Intelligence, U.S. Army Intelligence Activities), 3 May 2007

Definitions: All definitions in DoDM 5240.01 glossary replace the definitions in Army Regulation 381-10 and all related Army Regulations.

Army Regulation (AR) 381-10 (Military Intelligence, U.S. Army Intelligence Activities):

Chapter 1:

Remains in effect with the exception of paragraphs 1-8 and 1-9.c.

Presumptions: Guidance on presumptions is incorporated into the DoDM 5240.01 definition of U.S. person.

Internet Considerations: Internet Protocol information that is "not self-evidently associated with a U.S. person" may, depending upon the circumstances, meet the DoDM 5240.01 's definition of U.S. Person Information (USPI). The standard set forth in the DoDM 5240.01 's definition of USPI and the provisions addressing intentional and incidental collection and retention of USPI will be applied to the collection, retention , and dissemination of Internet Protocol information.

Shared Repositories (databases): All Army entities subject to AR 381-10 will immediately take steps to comply with the DoDM 5240.01 's requirements regarding being a Host of a shared repository and being a Participant in a shared repository.

Army Hosts of Shared Repositories will develop a capability to enable auditing of access to USPI.

Enclosure

Implementing Guidance to Army Intelligence Components on the Department of Defense Manual 5240.01 and Army Regulation 381-10

Army Participants in Shared Repositories will ensure that their access to and use of the repository complies with all applicable laws and policies including the DoDM 5240.01 and ARs. This includes all rules regarding collection, retention and dissemination.

Procedure 2: Collecting U.S. Person Information:

Procedure 2 of DoDM 5240.01 replaces Procedure 2 of AR 381-10 in its entirety.

Procedure 3. Retaining U.S. Person Information:

Procedure 3 of DoDM 5240.01 replaces Procedure 3 of AR 381-10 in its entirety with the exception of Section 3-3, subparagraph c. "Annual Review" which remains in effect.

Army approval authorities for extended retention of USPI [see para 3.3. of DoDM 5240.01) are the Deputy Chief of Staff (DCS), G-2 and the Commander of the U.S. Army Intelligence and Security Command (INSCOM).

Procedure 4: Disseminating U.S. Person Information:

Procedure 4 of DoDM 5240.01 replaces Procedure 4 of AR 381 -10 in its entirety.

Procedure 5: Electronic Surveillance:

Procedure 5 of DoDM 5240.01 replaces Procedure 5 of AR 381-10 in its entirety.

Army approval authorities for computer trespasser intercepts based upon 18 U.S.C. sect 2511 (2)(i) are the DCS, G-2; the Commander of INSCOM; and the Commander of 650th Military Intelligence Group.

Procedure 6: Concealed Monitoring:

Procedure 6 of DoDM 5240.01 replaces Procedure 6 of AR 381 -10 in its entirety.

Army approval authorities for concealed monitoring that occurs in the United States or that is directed against a U.S. person outside the United States are the DCS, G-2 and the Commander, INSCOM.

Procedure 7: Physical Searches:

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Implementing Guidance to Army Intelligence Components on the Department of Defense Manual 5240.01 and Army Regulation 381-10

Procedure 7 of DoDM 5240.01 replaces Procedure 7 of AR 381-10 in its entirety. A Foreign Intelligence Surveillance Act (FISA) court order is mandatory for all physical searches conducted in the United States or of U.S. persons outside the United States.

Procedure 8: Mail Searches and Examination:

Procedure 8 of DoDM 5240.01 replaces Procedure 8 of AR 381-10 in its entirety.

Procedure 9: Physical Surveillance:

Procedure 9 of DoDM 5240.01 replaces Procedure 9 of AR 381-10 in its entirety with the exception of paragraphs 9-4 (Physical Surveillance of non-U.S. persons) and 9-5a (Approvals) when approving a physical surveillance of non-U.S. persons under paragraph 9-4 or as stated below

Army approval authorities for non-consensual physical surveillance of any person in the United States are the DCS, G-2 and the Commander, INSCOM .

Army approval authorities for non-consensual physical surveillance of a U.S. person outside the United States are those officials listed at current AR 381-10, paragraph 9-5a.

Procedure 10: Undisclosed Participation (UDP) in Organizations:

Procedure 10 of DoDM 5240.01 replaces Procedure 10 of AR 3810-10 in its entirety.

Army approval authorities for UDP described in DoDM 5240.01 , section 3.10.f.(2) are the officials listed at the current AR 381 -10, paragraph 10-4a

Army approval authorities for UDP described in DoDM 5240.01 , section 3.10.f.(3) are the DCS, G-2 and the Commander, INSCOM or their single delegee.

AR 381-10 Chapters 11 through 17 remain in effect until further notice.

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