DOD DIRECTIVE 5240.1-R PDF

Procedures of DoD R, “Procedures Governing the Activities Purpose: In accordance with the authority in DoD Directive Key Orders, Directives, and Regulations. • Executive Order • DoD Directive • DoD R. • Supplemented by. DTM Directive , and rep1aces the November 30, version of DoD -R. It is app1icab1e to a11 DoD inte11igence components.

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Search the history of over billion 52240.1-r pages on the Internet. This revision implements DOD Directive It includes all of DOD These additions are set in boldface type.

This regulation applies to the following: All Army intelligence components, as that term is defined in appendix A, paragraph 8.

Other military personnel and civilian employees of the Department of the Army when they engage in intelligence activities as that term is defined in appendix A, paragraphs 8 and Army intelligence components are explicitly excluded from the provisions of AR Impact on New Manning System. This regulation does directiv contain information that affects the New Manning System. Interim changes to direcyive regulation dorective not official unless they are authenticated by The Adjutant Gen- eral.

Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded. The proponent agency of this regulation is directivd Office of the Assistant Chief of Staff for Intelligence. It implements DoD Dirsctive It is applicable to all DoD intelligence components. Executive Order”United States Intelligence Activities,” stipulates that certain activities of intelligence components that affect US persons be governed by procedures issued by the agency head and approved by the Attorney General.

Specifically, procedures 1 through 10, as well as appendix A, herein, require approval by the Attorney General. Procedures 11 through 15, while not requiring approval by the Attorney General, contain further guidance to DoD Components in implementing Executive Order as well as Executive Order”President’s Intelligence Oversight Board. Heads of DoD components shall issue such implementing instructions as may be necessary for the conduct of authorized functions in a manner consistent with the procedures set forth herein.

This regulation is effective immediately. Applicability and Scope B. Exceptions to Policy E. Requests for Approval G. Information obtained with consent 2. Publicly available virective 3.

Foreign intelligence 4. Potential sources of assist- ance to intelligence activities 6. Protection of intelligence sources and methods 7.

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Physical security 8. Personnel security 9. Communications security— Threats to safety Explanation of Undefined Terms Page C. Criteria for Retention 1. Retention of information collected under Procedure 2. Dd of information ac- quired incidentally 3.

Temporary retention 5. Retention of other information D. Access and Retention 1. Controls on access to re- tained information 2. Duration of retention 3.

Information acquired prior to effective date E. Control of Electronic Surveil- lance Information 1. Access controls 3. Indexing Electronic Surveil- lance Information 1. Indexing office 3. Notifying the indexer 6. Procedures for forwarding backup material– 7.

Criteria for Dissemination C. General Rules 1. Electronic surveillance pur- suant to the Foreign Intelli- gence Surveillance Act 2. Authority to request elec- tronic surveillance 3. Consensual Electronic Surveillance 1. Explanation of undefined terms 3. Explanation of Undefined Terms s -3 C. Electronic Surveillance in Emergency Situations E. Case approval periods — 4. Inadvertent interception of US person conversations. Explanation of Undefined Terms C. Foreign communications 2.

Military tactical communications Technical Surveillance Countermeasures A. Procedures – 1. Signals authorized for use Aplicability and scope B. Explanation of undefined terms C. Conduct of vulnerability surveys 2.

Intelligence Oversight

Explanation of Undefined Terms Unconsented physical searches within the United States 2. Unconsented physical searches outside the United States — 3.

Requests for authority to conduct unconsented physical searches within the United States or of US persons abroad 4. Unconsented physical searches of non-US per- sons abroad Page A.

Searches of mail within United States postal channels 2. Searches of mail outside United States postal channels 3. Explanation of Undefined Terms Vi 1 July ‘. Criteria for physical surveil- lance in the United States Criteria for physical surveil- lance outside the United States 3.

Required approvals for phys- ical surveillance 4. Limitations on undisclosed participation 2. Contracts with academic institutions 2. Cooperation with law en- forcement authorities Page 2.

Employee responsibilities 2. Reporting and use of in- formation concerning Fed- era; crimes Appendixes A.

Glossary— – – — A-l B.

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References to Army Implementation of DoD These procedures apply only to “DoD intelli- gence components,” and other DA components per- forming “intelligence activities,” as defined in Appen- dix A.

Procedures 2 through 4 provide the sole authority by which such components may collect, retain and dis- seminate information concerning United States per- sons. Procedures 5 through 10 set forth applicable guid- ance with respect to the use of certain collection techniques to obtain information for foreign intelligence and counterintelligence purposes. Authority to employ such techniques shall be limited to that necessary to perform functions assigned the DoD intelligence com- ponent concerned.

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Information may be gathered by in- telligence components using techniques described in pro- cedures 5 through 10 for other than foreign intelligence or counterintelligence CI purposes. However, such col- lection must comply with the following: Procedures 11 through 15 govern other aspects of DoD intelligence activities, in- cluding the oversight of such activities. The functions of DoD intelligence components not specifically addressed herein shall be carried out in accordance with applicable policy and procedure.

These procedures do not apply to law enforce- ment activities, including civil disturbance activities, that may be undertaken by DoD intelligence components. When an investigation or inquiry undertaken pursuant to these procedures establishes reasonable belief that a crime has been committed, the DoD intelligence component concerned shall refer the matter to the appropriate law enforcement agency in accordance with procedures 12 and 15, or, if the DoD intelligence component is otherwise authorized to con- duct law enforcement activities, shall continue such in- vestigation under appropriate law enforcement proce- dures.

DoD intelligence components shall not request any person or entity to undertake any activity forbidden by Executive Orderreference aor this reg- ulation. PURPOSE The purpose of these procedures is to enable DoD intelligence components to carry out effectively their authorized functions while ensuring their activities that affect United States persons are carried out in a manner that protects the constitutional rights and privacy of such persons.

This regulation is intended to complement other intelligence regulatory policy; it does not establish independent authority for intelligence activities. There- fore, activities and investigations described elsewhere, such as ARARand Director of Central Intelligence Directives, must be conducted in accordance with these procedures.

For example, in determining whether an intelligence component may conduct an in- vestigation that involves a US person, the component should first determine whether it has the mission and authority to conduct the type of investigation involved.