Necessity (NGB-J2)

1. Intelligence Oversight Process UNCLASSIFIED • Mission (AR 381-10, Ch 1-5.d.): There must be a link between the U.S. person information to be collected and the element’s assigned mission and function. • State J2 Missions (JFHQ-State Implementation Guidance (Draft) dated 01 AUG 2011, Ch 2): • Monitoring worldwide threat trends, events, and enemy Tactics, Techniques, and Procedures (TTPs) • Support to NG troops deployed in support of State Partnership Program (SPP) missions • Monitor threats to the homeland • Evaluate terrorist TTPs • Identify vulnerabilities to key infrastructure which might be targeted by terrorist groups • Monitor for Indications and Warnings of Chemical, Biological, Radiological, Nuclear, and High Yield Explosive (CBRNE) weapons • Lead and manage intelligence process during Domestic Support to Civil Authorities (DSCA) missions • U.S. Persons (AR 381-10, Glossary, Section II): • A U.S. citizen • An alien known by the intelligence component to be a permanent resident alien • A corporation incorporated in the U.S. that is not directed or controlled by a foreign government • A corporation incorporated abroad is NOT a U.S. person even if partially or wholly owned by a corporation incorporated in the U.S. • Presumptions (AR 381-10, Ch 1-8.): • A person or organization outside the United States is presumed not to be a U.S. person, unless the intelligence component obtains specific information to the contrary. • An alien in the United States is presumed not to be a U.S. person, unless the intelligence component obtains specific information to the contrary. U.S. Person? Authorized Category? Mission and Authority? YES YES YES • Authorized Categories (AR 381-10, Ch 2-2.): • Consensual • Publicly Available • Foreign Intelligence • Counterintelligence • Potential sources of assistance • Protecting intelligence sources and methods • Physical Security • Personnel Security • Communications Security • Narcotics • Threats to Safety • Overhead reconnaissance • Administrative Purposes Necessary? START NO STOP NO NO NO YES STOP STOP GO • Necessity (NGB-J2) • Can you disregard the information or substitute the words “U.S. Person” and still complete the mission? Least Intrusive Means? YES NO Additional Approval? Special Collection Techniques? GO YES YES YES Revise • Continuum of Intrusiveness (AR 381-10, Ch 2-3.): • Publicly Available or with Consent • From Cooperating Sources • Lawful means not requiring a Warrant or Attorney General approval • Lawful means requiring a Warrant or Attorney General approval NO NO • Additional Approval Authority is dependent on the Special Technique employed. It may include (AR 381-10 Ch. 5 thru 11&13): • DCS G-2 • MACOM Commander • Commander, 650th MI Group • US Attorney General • Supreme Allied Commander Europe • Army G-2X • Secretary (or Under Secretary) of the Army • SECDEF or Deputy SECDEF • Special Techniques (AR 381-10 Ch. 5 thru 11&13): • Electronic Surveillance • Concealed Monitoring • Physical Searches • Mail Searches and Examination • Physical Surveillance • Undisclosed Participation in Organizations • Contracting for Goods and Services • Experimentation on Human Subjects for Intelligence Purposes STOP GO Blue Text = Most applicable to State J2 Missions UNCLASSIFIED