Understanding intelligence oversight

  • Published
  • By Senior Airman Chris Robosky
  • 19th Operations Group, intelligence systems manager
Everyone has contact with intelligence every time they deploy, whether it be a pre-deployment brief or filling out an isolated personnel report. Many have the misconception that the intelligence community has the authority to gather personal information on anyone for any reason. This is not the case.

The perceived need for a Department of Defense intelligence oversight program came about as a result of certain activities conducted by DoD intelligence and counterintelligence units against U.S. persons involved in the Civil Rights and anti-Vietnam War movements.

Since 1975, executive orders have been in effect to provide the intelligence community clear guidelines on how to perform their mission consistent with the legal rights and protections guaranteed to all U.S. persons by the Constitution.

Intelligence oversight is the process of ensuring that all DoD intelligence, counterintelligence and intelligence related activities are conducted in accordance with applicable U.S. laws, presidential executive orders, DoD directives and regulations. The DoD intelligence oversight program has two main objectives.

First and foremost is the prevention of violations. Through training and awareness programs, DoD officials hope to increase understanding of the activities intelligence organizations and personnel may and may not perform to accomplish their mission lawfully and in accordance with DoD policy. This program is designed to ensure the DoD can conduct its intelligence and counterintelligence missions while protecting the statutory and constitutional rights of U.S. persons.

Second, when prevention fails, DoD officials need to identify, investigate and report violations in order to implement corrective actions to ensure there are no recurrences.

Since intelligence oversight protects U.S. persons, who is considered a U.S. person?

A U.S. citizen; an alien known by the DoD intelligence component considered to be a permanent resident alien; an unincorporated association substantially composed of U.S. citizens or permanent resident aliens; and a corporation incorporated in the U.S., except for a corporation directed and controlled by a foreign government or governments. A corporation or corporate subsidiary incorporated abroad, even if partially or wholly owned by a corporation incorporated in the U.S., is not a U.S. person.

The intelligence oversight program has proven very successful since its inception and continues to be updated as time and new administrations pass. Even as recently as October 2009, President Barack Obama made updates to the program.

What should a person do if they believe there are activities conducted that may be in violation of the intelligence oversight program? They may report through their chain of command, or the appropriate agency: inspector general; general counsel, judge advocate general or other legal authority; the DoD general counsel; or the Assistant to the Secretary of Defense for Intelligence Oversight. If for any reason a person believes there is something to report or has general questions about the program, they can contact the 19th Airlift Wing intelligence oversight monitors at 987-7018 or 987-7016.