United States Marine CorpsUnited States Marine CorpsInspector GeneralInspector General

Intelligence OversightIntelligence Oversight

MR EDWIN T. VOGTMR EDWIN T. VOGTDirectorDirector

Intelligence Oversight DivisionIntelligence Oversight Division

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BRIEFING BRIEFING TOPICSTOPICS

MISSION AND ORGANIZATIONMISSION AND ORGANIZATION

INTELLIGENCE OVERSIGHT TRENDSINTELLIGENCE OVERSIGHT TRENDS

REPORTING AND ISSUE RESOLUTION REPORTING AND ISSUE RESOLUTION

PROGRAM ASSESSMENTPROGRAM ASSESSMENT

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Oversight of intelligence and non-intelligence “Sensitive Activities”

Includes: Intelligence, counterintelligence, covered/clandestine actions, special access programs, support to law enforcement agencies, special operations, special activities

Oversight Division

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Sensitive Activities

Sensitive Activities are activities, by their very Sensitive Activities are activities, by their very

nature, that require special oversight to reduce nature, that require special oversight to reduce

the potential for:the potential for:Physical risk to DON personnel or propertyPhysical risk to DON personnel or propertyIssues of unlawful/improper conductIssues of unlawful/improper conductPublic embarrassmentPublic embarrassment

May require special protection from disclosureMay require special protection from disclosure

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CLASSIFIED

CLASSIFIED

ACTIVITIES

ACTIVITIES

ISSUES ASSIGNED TO IGMC-IOISSUES ASSIGNED TO IGMC-IO

INTELLIGENCEINTELLIGENCEACTIVITIESACTIVITIES

2

1960/70’S

Vietnam/Civil Rights era

abuses:

• Infiltration of college campuses and domestic orgs

• Involvement in domestic political issues

• Surveillance of war protestors

Intel Oversight Laws, Executive

Orders, & Regulations

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Relevance in the Current EnvironmentRelevance in the Current Environment

GWOT ANDGWOT ANDTRANSFORMATIONTRANSFORMATION

FORCE FORCE PROTECTIONPROTECTION

PRE-DEPLOYMENT TRAININGPRE-DEPLOYMENT TRAINING&&

COMMAND RESPONSIBILITIESCOMMAND RESPONSIBILITIES

EVOLVINGEVOLVINGCAPABILITIESCAPABILITIES

INFORMATION SHARINGINFORMATION SHARING&&

INTELLIGENCE FUSIONINTELLIGENCE FUSION

OPENOPENSOURCE SOURCE

COLLECTIONCOLLECTION

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EXAMPLES OFEXAMPLES OF SENSITIVE ACTIVITIES SENSITIVE ACTIVITIES

Lethal support/training to Non-USMC/DoD agencies

Use of Marines in law enforcement undercover ops

Loan of gear/training support to civilian law enforcement agencies

“Covered/clandestine” activities CONUS/OCONUS

CONUS off-base urban training

Intelligence collection of info on U.S. persons

Special Access Programs (SAPs)

Support/agreements to certain Govt (DoS, CIA) or non-Govt agencies

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PROTECT USMC INTERESTS

PROTECT CONSTITUTIONAL RIGHTS

Relevance in the Current EnvironmentRelevance in the Current Environment

PERFORM INTELLIGENCE ACTIVITIES LAWFULLY

REPORT QUESTIONABLE ACTIVITIES

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The Honorable Ray Mabus Secretary of the Navy

General Joseph F. Dunford USMCCommandant of the Marine Corps

Vice Admiral Herman A. ShelanskiNaval Inspector General

Inspector General of the Marine Corps(DEPUTY NAVAL IG FOR MARINE CORPS MATTERS)

CommandingGenerals

CommandInspectors General

IGMC RelationshipsIGMC Relationships(within the Department of the Navy)

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IGMC OrganizationIGMC Organization

Inspector Generalof the Marine Corps

Assistance& Investigation

(GS-15)

Readiness DivisionCol-06

Inspections DivisionCol-06

IntelligenceOversight(GS-15)

AdministrativeSupport Division

CWO-4

Hotline ManagerSenior OfficialInvestigations

DeputyInspector General

Sergeant Major

Counsel to theInspector General

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Intelligence OversightIntelligence OversightPresidential CharterPresidential Charter

INTELLIGENCE OVERSIGHT BOARDSECDEF

SIOOPOLICY ANDGUIDANCE

COMPLIANCE INSPECTIONS

QUARTERLYREPORT

Department of DefenseGeneral Counsel

Secretary of DefenseAshton Carter

Deputy Secretary of Defense

Robert Work

ATSD(Civil Support)

DoD InspectorGeneral Jon Rymer

Senior Intelligence Oversight

Official (SIOO) Wilbur Snyder

GeneralCounsel

ASD(Legislative

Affairs)

ASD(Public Affairs)

DirectorAdministration

and Management

USD(Policy)

USD(Comptroller)

USD(Personnel &

Readiness)

USD(Intelligence)

DirectorOperational Test

& Evaluation

USD(AcquisitionTechnology

and Logistics)

RESPONSIBLE FOR THE OVERSIGHT OF ALL INTELLIGENCE / COUNTER INTEL ACTIVITIES

IN THE DEPARTMENT OF DEFENSE

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Intelligence Oversight TriangleIntelligence Oversight Triangle

A system of checks and balances to mitigate riskA system of checks and balances to mitigate risk

Commanders Remain Responsible forCommanders Remain Responsible forEverything the Unit Does or Fails to DoEverything the Unit Does or Fails to Do

Intelligence ProfessionalIntelligence Professional

Inspector GeneralInspector Generalof the Marine Corpsof the Marine Corps

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• Inspections Execution of Intelligence Activities is Generally Good

Troops Get Trained—Leaders and Contractors Don’t

Unimaginative Training Leads to Poor Retention

Lack of Non-Intel Leader Awareness and Emphasis on IO

Loss of High Demand Low Density Personnel to the Private Sector

• Reports of Questionable Intelligence Activity (Procedure 15)

Conduct of Intelligence Activities without Appropriate Authority

Personnel Misconduct in the Course of Intelligence Operations

Failure to Report Questionable Activities

TrendsTrendsWhat We Are Seeing in DoDWhat We Are Seeing in DoD

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Reporting is Non-Negotiable

Report All Questionable Activity

Confirmed and Possible Violations

Report To Intel Oversight Within 5 Working Days of Discovery

MARFOR, IGMC, SJA, Command Channels or VFR Direct

IO ReportingIO ReportingRequirements & ResolutionRequirements & Resolution

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USMC Procedure 15USMC Procedure 15 Reporting ChainReporting Chain

SIOOOSD

IO Chain5 days to report

IGMC (GC)

IGMC (IO)

SJA (C)

OGC

Intelligence Component

SJA

IGUNIT

MARFOR

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1. General Provisions2. Collection of Info on U.S. Persons3. Retention of Information4. Dissemination of Information5. Electronic Surveillance6. Concealed Monitoring7. Physical Searches8. Searches of Mail9. Physical Surveillance10. Undisclosed Participation in Organizations11. Contracting for Goods and Services12. Assistance to Law Enforcement13. Experimentation on Humans14. Employee Conduct15. Questionable Activities

DoD 5240.1-R DoD 5240.1-R ProceduresProcedures

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One Last Point On Reporting One Last Point On Reporting Questionable Intelligence ActivitiesQuestionable Intelligence Activities

“In the information age, the bad news is going to get out…the only question is who will tell it first and will they tell it accurately.”

- Torie ClarkFormer Asst. SECDEF for Public Affairs

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• Do your homework and read the regulations. • Identify subordinate Intel units and/or activities.

• Get your Staff Judge Advocate involved.

• Inspect as part of the CGIP: Training program in place Understanding of appropriate activities Knowledge of reporting requirements

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GOOD IO PROGRAM GOOD IO PROGRAM COMPONENTSCOMPONENTS

FORESIGHT

OVERSIGHTINSIGHT

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COMPONENT BREAKDOWNCOMPONENT BREAKDOWN

INSIGHT- Knowledge of programs and potential pitfalls

OVERSIGHT – Review of programs for compliance with current laws and directives

FORESIGHT – Determine way ahead to mitigate future problems and set path for future lawful conduct

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GOOD INTELLIGENCE OVERSIGHT PROGRAM GOOD INTELLIGENCE OVERSIGHT PROGRAM INDICATORS INDICATORS

COMMAND AND LEADER EMPHASIS

CODIFY RESPONSIBILITIES AND REQUIREMENTS

FORMALLY APPOINT IO OFFICIAL (Whom Everyone Knows)

TRAINING – EARLY AND OFTEN – WITH CREATIVE REINFORCEMENT

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GOOD INTELLIGENCE OVERSIGHT PROGRAM GOOD INTELLIGENCE OVERSIGHT PROGRAM INDICATORSINDICATORS

MUST BE AN ACTIVE PART OF ALL OPERATIONAL PLANNING AND EXECUTION

ACTIVE INVOLVEMENT BY SJA

QUESTIONABLE ACTIVITY REPORTING Timeliness Prompt and Appropriate Corrective Action

ACCURATE / CURRENT RECORDS & FILES

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Perception is RealityPerception is Reality

• Perception becomes reality

• Hollywood Conspiracy Theory e.g. , Clear and Present Danger, Enemy of the State, Watchdog groups

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- ENSURES PROTECTION OF CONSTITUTIONAL RIGHTS

- PROTECTS USMC’S GOOD NAME

- DEMONSTRATES THAT THE MARINE CORPS IS POLICING IT’S OWN INTELLIGENCE ACTIVITIES

- PROCEDURE 15 - ALTERNATE REPORTING CHANNEL NOT A DISCIPLINARY REPORT

BOTTOM LINE:

ATTEND TO IO RESPONSIBILITES UP FRONT OR…. GET HELP ATTENDING TO DAMAGE CONTROL LATER

INTELLIGENCE OVERSIGHT INTELLIGENCE OVERSIGHT IS A GOOD THINGIS A GOOD THING

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Summary/Summary/ConclusionConclusion

“A free people have long had to decide where to plant the flag on that inevitable spectrum between security and liberty. We have always planted it close to liberty.”

- General Michael V. Hayden USAF

Director of the Central Intelligence Agency

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Mr. Edwin T. Vogt

Director Intelligence Oversight

(703) 614-1206

DSN- 224-1206

Edwin.vogt@usmc.mil

Questions?Questions?